Trejo

United States v. Trejo

Good Law
13 F. App'x 563
United States Court of Appeals for the Ninth CircuitJune 27, 2001No. 00-50244; D.C. No. CR-98-00037-RT-2California1,094 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-Appellant Monico Santolo Trejo (“Trejo”) pled guilty to possession of methamphetamine with the intent to dis *564 tribute in violation of 21 U.S.C. § 841 (a)(1). At sentencing, Trejo sought downward adjustments under the safety valve and acceptance of responsibility provisions of the Federal Sentencing Guidelines. See 18 U.S.C. § 3553 (f); U.S.S.G. §§ 5C1.2, 3E1.1. The district court denied those downward adjustments and imposed an upward adjustment for obstruction of justice. See U.S.S.G. § 3C1.1.

Trejo timely appealed his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we AFFIRM.

DISCUSSION

We review for clear error the district court’s decision to deny reductions under the safety valve exception and for acceptance of responsibility. United States v. Fleming, 215 F.3d 930, 939 (9th Cir.2000); United States v. Ajugwo, 82 F.3d 925, 929 (9th Cir.1996). We also review for clear error the district court’s decision to impose an upward adjustment for obstruction of justice. United States v. Pascucci 943 F.2d 1032, 1037 (9th Cir.1991). As discussed below, we conclude that each of the district court’s sentencing…

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