Cruz

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 17 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1768 D.C. No. Plaintiff - Appellee, 3:22-cr-00389-RS-1 v.

MEMORANDUM*

LUIS CRUZ, AKA Luis Arias,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Richard Seeborg, Chief District Judge, Presiding

Submitted January 15, 2025** San Francisco, California

Before: H.A. THOMAS, MENDOZA, and DE ALBA, Circuit Judges.

Luis Cruz appeals the district court’s decision not to apply a safety valve

adjustment pursuant to 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2(a) at his

sentencing. Cruz also appeals the district court’s decision not to hold an

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). evidentiary hearing when it determined his ineligibility for a safety valve

adjustment.…