U.S.v.Cortez-Arreola

United States Court of Appeals, Ninth CircuitMar 26, 2010
372 Fed. Appx. 737 (9th Cir. 2010)

No. 09-30237.

Submitted March 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed March 26, 2010.

Aaron Nicholas Lucoff, Esquire, Assistant U.S., Office of The U.S. Attorney, Boise, ID, for Plaintiff-Appellee.

Rob S. Lewis, Boise, ID, for Defendant-Appellant.

Appeal from the United States District Court for the District of Idaho, B. Lynn Winmill, Chief District Judge, Presiding. D.C. No. 1:08-cr-00298-BLW.

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.



MEMORANDUM

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

Jorge Luis Cortez-Arreola appeals from the 120-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Cortez-Arreola contends that the district court erred at sentencing by failing to grant his request for safety valve relief. The district court did not clearly err by determining that Cortez-Arreola failed to disclose all of the information he had concerning the offense. See United States v. Washman, 128 F.3d 1305, 1307-08 (9th Cir. 1997); see also United States v. Miller, 151 F.3d 957, 958 (9th Cir. 1998) (stating that a defendant must disclose all the information he has concerning the offense to qualify for safety valve relief). Moreover, and contrary to Cortez-Arreola's assertion, nothing in the record suggests that the district court misinterpreted or misapplied the safety valve requirements. See Miller, 151 F.3d at 961.

AFFIRMED.