U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Salvador Garza-Cardenas

United States v. Salvador Garza-Cardenas
U.S. Court of Appeals for the Ninth Circuit · Decided February 22, 2011 · Canby, Fernandez, Smith
414 F. App'x 986

United States v. Salvador Garza-Cardenas

Opinion

MEMORANDUM **

Salvador Garza-Cardenas appeals from the 168-month sentence imposed following his guilty-plea conviction for drug crimes. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garza-Cardenas contends that the district court erred by failing to grant safety-valve relief because the district court relied on (1) the fact that Garza-Cardenas had not fully disclosed prior uncharged criminal activity, and (2) the fact that Garza-Cardenas had organized other drug shipments prior to sentencing while he was out on bond. The district court did not clearly err by denying relief based on its conclusion that Garza-Cardenas had not provided a completely truthful account regarding his role in the conspiracy. See 18 U.S.C. § 3553(f)(5); United States v. Mejia-Pimental, 477 F.3d 1100, 1105 (9th Cir. 2007) (stating that a defendant’s good faith obligation under section 3553(f) is satisfied by providing the government with truthful and complete information by the time of the sentencing hearing).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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