Sanchez-Garcia

MEMORANDUM **

Appellant Bernardo Sanchez-Garcia appeals his sentence of 97 months imposed after a plea of guilty to one count of conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and one count of aiding and abetting possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 (a).

Sanchez-Garcia’s sole claim on appeal is that the district court erred by refusing to grant him a third point off for acceptance of responsibility pursuant to U.S.S.G. § 3El.l(b). If the requirements of § 3El.l(b) are met, then the additional one point reduction is mandatory. United States v. Colussi, 22 F.3d 218, 219-220 (9th Cir.1994). A district court’s decision to adjust a defendant’s sentence based on acceptance of responsibility is a factual determination reviewed for clear error. United States v. Villasenor-Cesar, 114 F.3d 970, 973 (9th Cir.1997).

We find no clear error in the district court’s determination that Sanchez-Garcia was not entitled to the one-point downward adjustment under either prong of § 3El.l(b). First, Sanchez-Garcia did not “timely provid[e]…