United States v. Ricardo Castaneda

U.S. Court of Appeals for the Ninth Circuit
United States v. Ricardo Castaneda, 470 F. App'x 683 (9th Cir. 2012)

United States v. Ricardo Castaneda

Opinion

MEMORANDUM **

Ricardo Robledo Castaneda appeals from the 120-month sentence imposed fol *684 lowing a guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952, 960, and 963. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Castaneda contends that the district court erred by finding him ineligible for safety valve relief pursuant to 18 U.S.C. § 3553(f). The district court’s factual determination that Castaneda failed to provide truthful and complete information to the government was not clearly erroneous. See United States v. Mejia-Pimental, 477 F.3d 1100, 1105-06 (9th Cir. 2007). Further, the district court did not abuse its discretion by denying his request for an evidentiary hearing on this issue. See United States v. Real-Hernandez, 90 F.3d 356, 362 (9th Cir. 1996).

Castaneda also contends that the district court erred by declining to award a minor role adjustment because he was substantially less culpable than the average co-participant. The district court did not clearly err by declining to award the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283-84 (9th Cir. 2006). In any case, as the district court noted, this issue is moot in light of the determination under 18 U.S.C. § 3553(f).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Ricardo Robledo CASTANEDA, Defendant-Appellant
Status
Unpublished