United States v. Corona

MEMORANDUM **

Shane Joseph Corona appeals his 120-month sentence for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

Corona contends that the district court erred in not fully explaining its reasons for not applying the safety valve provision, U.S.S.G. § 5C1.2(a)(l). Even assuming the district court did not satisfy this standard, the mistake is subject to harmless error review. United States v. Mendoza, 121 F.3d 510, 513 (9th Cir.1997). Because Corona has a criminal history score of II, as established in the Presentence Report (“PSR”), he is ineligible for the safety *995 valve provision. U.S.S.G. § 501.2(a)(1). Therefore, the error, if any, was harmless.

Corona also contends that the district court erred in relying on the DUI conviction to calculate his criminal history score because the Probation Office allegedly never received the underlying police records before determining Corona’s criminal history based on computer and court records. We held in United States v. Marin-Cuevas, 147 F.3d 889, 895 (9th Cir.1998), that the government may…