United States v. Ricardo Castaneda

MEMORANDUM

Ricardo Robledo Castaneda appeals from the 120-month sentence imposed fol lowing a guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 , 960, and 963. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Castaneda contends that the district court erred by finding him ineligible for safety valve relief pursuant to 18 U.S.C. § 3553 (f). The district court’s factual determination that Castaneda failed to provide truthful and complete information to the government was not clearly erroneous. See United States v. Mejia-Pimental, 477 F.3d 1100, 1105-06 (9th Cir.2007). Further, the district court did not abuse its discretion by denying his request for an evidentiary hearing on this issue. See United States v. Real-Hernandez, 90 F.3d 356, 362 (9th Cir.1996).

Castaneda also contends that the district court erred by declining to award a minor role adjustment because he was substantially less culpable than the average co-participant. The district court did not clearly err by declining to award the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283-84 (9th Cir.2006). In any case, as the district court noted, this issue…