United States v. Jorge Guerra-Esparza
Opinion
MEMORANDUM **
Jorge Guerra-Esparza appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846; and possession with intent to distribute cocaine and aiding and abetting, in violation of 21 U.S.C. § 841(a)(1), 841(b)(l)(A)(ii), and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Guerra-Esparza contends that the district court committed legal error when it denied him safety-valve relief under 18 U.S.C. § 3553(f). Notwithstanding the court’s alleged misstatements regarding the requirements for obtaining safety-valve relief, the record reflects that the court agreed with the government’s determination that Guerra-Esparza had not truthfully and fully provided the government with all of the information he had concerning the offense. Because the record supports this determination, the district court did not clearly err in denying relief. See 18 U.S.C. § 3553(f)(5); United States v. Mejia-Pimental, 477 F.3d 1100, 1103 (9th Cir. 2007).
Because the district court lacked discretion to sentence Guerra-Esparza below the statutory mandatory minimum, we do not reach his remaining contentions of sentencing error.
*689 Guerra-Esparza’s stipulated motion to supplement the record is granted.
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. Jorge GUERRA-ESPARZA, Defendant-Appellant
- Status
- Unpublished