United States v. Maria Carmen Cantu-Medina

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Maria Carmen CANTU-MEDINA, Defendant-Appellant. No. 94-50608. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 8, 1995. Decided Sept. 8, 1995. Before: THOMPSON, LEAVY, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Maria Carmen Cantu-Medina (Cantu) appeals her sentence imposed following her guilty plea to smuggling 29 kilograms of cocaine into the United States. The district court sentenced Cantu to the statutory mandatory minimum of 150 months imprisonment rather than the guideline range of 87-108 months. The district court rejected Cantu's claim that the mandatory minimum is inapplicable to her because of the "safety valve" legislation enacted by Congress in 1994. 18 U.S.C. Sec. 3553 (f). Cantu timely appeals. We affirm. 3 Section 3553(f) describes five factors a district court must find for a defendant to be exempt from the statutory…