United States v. Eugenio Haros-Giron

MEMORANDUM

Eugenio Haros-Giron appeals from the 60-month sentence imposed following his guilty-plea conviction for conspiracy to import marijuana, in violation of 21 U.S.C. §§ 952 , 960, 963; and importation of marijuana and aiding and abetting, in violation of 21 U.S.C. §§ 952 , 960, and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Haros-Giron contends that the district court erred by denying him relief under the safety valve provision of the Guidelines. See U.S.S.G. § 5C1.2. This contention fails. The record supports the district court’s determination that Haros-Giron acted as a manager or supervisor during the commission of the offense. See U.S.S.G. § 3Bl.l(b); United States v. Egge, 223 F.3d 1128, 1132 (9th Cir.2000). Because Haros-Giron’s aggravating role in the offense precludes the application of safety valve relief, the district court did not err. See U.S.S.G. § 5C 1.2(a)(4).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.