United States v. Gonzalez Cruz
UNITED STATES of America, Plaintiff-Appellee, v. George GONZALEZ CRUZ, Defendant-Appellant
- Area
- other
- Panel
- Stephen S. Trott (author), Gould, Johnnie B. Rawlinson
Analysis
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Opinion
FILED NOT FOR PUBLICATION OCT 26 2011
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50574 Plaintiff - Appellee, D.C. No. 3:09-cr-03409-DMS v. MEMORANDUM * GEORGE GONZALEZ CRUZ, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
George Gonzalez Cruz appeals from the 10-year sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Gonzalez Cruz contends that the district court erred by denying him relief under the safety valve provision of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2.
However, Gonzalez Cruz was not entitled to safety valve relief because he failed to name his supplier. See 18 U.S.C. § 3553(f)(5); United States v. Thompson, 81 F.3d 877, 878-80 (9th Cir. 1996). Therefore, the district court correctly sentenced him to the statutory mandatory minimum sentence. See Thompson, 81 F.3d at 880.
AFFIRMED.
2 10-50574