Rubio-Rivera
United States v. Rubio-Rivera
Opinion
Lead Opinion
MEMORANDUM **
Israel Rubio-Rivera appeals his sentence of two concurrent terms of ten years’ imprisonment for one count of distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), and one count of conspiracy to possess with intent to distribute and distribution of methamphetamine, in violation of 21 U.S.C. § 846 . The district court ruled that Rubio-Rivera was not entitled to relief under the safety valve provisions of 18 U.S.C. § 3553 (f) and U.S.S.G. § 5C1.2. The sole issue on appeal is whether the district court committed a clear error in finding that Rubio-Rivera did not truthfully provide all of the information he had regarding the offense or offenses that were part of the same course of conduct, common scheme, or plan. See § 3553(f)(5). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.
We review a district court’s factual determination that a defendant is not entitled *924 to relief under the safety valve provision for clear error. United States v. Washman, 128 F.3d 1305, 1307 (9th Cir.1997) (citing United States v. Shrestha, 86 F.3d 935, 938 (9th Cir.1996)). In the present case, the district court ruled that RubioRivera…