Chavez

MEMORANDUM **

Miguel Pulido Chavez appeals his sentence following a guilty plea to conspiracy, distribution, and possession with intent to distribute a controlled substance in violation of 21 U.S.C. §§ 841 (a)(1), 846 and 18 U.S.C. § 2 . We review factual findings with respect to sentencing for clear error, and application of the guidelines to those facts for abuse of discretion. United States v. Seesing, 234 F.3d 456, 459 (9th Cir.2000). Whether a particular defendant qualifies for the safety valve provision is reviewed for clear error. See United States v. Washman, 128 F.3d 1305, 1307 (9th Cir.1997). We affirm Chavez’s sentence.

Chavez asserts that, at sentencing, the court improperly attributed to him quantities of drugs found at his West Henry Street “stash” house, but which were outside the scope of the conspiracy or were not foreseeable to him. The district court’s decision that the scope of the conspiracy to which Chavez agreed foresee-ably included all the marijuana and cocaine seized at the West Henry Street residence was not clearly erroneous. See United States v. Petty, 992 F.2d 887, 890-91 (9th Cir.1993). Based on Chavez’s own statements and activities, the district…