United States v. Dario Tequida-Esquer

MEMORANDUM

Dario Tequida-Esquer appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(B)(vii), and 846; and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(B)(vii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Tequida-Esquer contends that the district court erred by imposing the mandatory minimum sentence based in part on its finding that Tequida-Esquer possessed a firearm in connection with his offense and was, therefore, ineligible to be sentenced under the safety valve provision, 18 U.S.C. § 3558 (f). Tequida-Esquer argues that the facts underlying the safety valve determination must be submitted to a jury under Alleyne v. United States, — U.S. -, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013). This argument is foreclosed. See United States v. Lizarraga-Carrizales, 757 F.3d 995, 999 (9th Cir.2014) (“[T]he denial of safety valve relief does not increase the statutory maximum or minimum such that Alleyne is implicated ... Accordingly, the…