Perez

United States v. Perez

Good Law
10 F. App'x 480
United States Court of Appeals for the Ninth CircuitMarch 27, 2001No. 99-50510; D.C. No. CR-98-03059-JMCalifornia732 words

Opinion

Lead Opinion

MEMORANDUM

OVERVIEW

Appellant Elizabeth Perez pleaded guilty pursuant to a plea agreement to Possession of Cocaine with the Intent to Distribute, in violation of 21 U.S.C. § 841 (a)(1). As the parties are familiar with the underlying facts, they are set forth herein only as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and AFFIRM the district court.

DISCUSSION

A. The District Court’s Finding that Perez Was Ineligible for a Safety Valve Adjustment Was Not Clearly Erroneous

Perez argues that she is entitled to a safety valve adjustment under USSG *482 § 5C1.2 because she truthfully provided important information to the government. The district court rejected this claim, finding that Perez failed to provide “truthful, complete information possessed by her in relation to [her] course of conduct.”

We review the district court’s interpretation and application of the Sentencing Guidelines de novo. United States v. Oliver, 60 F.3d 547, 554 (9th Cir.1995). “We review for clear error the district court’s factual determination that a particular defendant is eligible for relief under section 5C1.2.” United States v. Real-Hernandez, 90 F.3d 356, 360…

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