Lopez

United States v. Lopez

Good Law
84 F. App'x 889
United States Court of Appeals for the Ninth CircuitDecember 19, 2003No. 02-50662; D.C. No. CR-01-00868-GHK-1California326 words

Opinion

Lead Opinion

MEMORANDUM **

Candelaria Lopez appeals the sentence imposed following her guilty plea to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a). We have jurisdiction pursuant to 18 U.S.C. § 8742 . We review for clear error the district court’s factual finding that a defendant is ineligible for relief under USSG § 5C1.2, 1 see United States v. Franco-Lopez, 312 F.3d 984, 993 (9th Cir.2002), and we affirm.

Lopez contests the district court’s finding that she was not eligible for so-called “safety valve” relief from the mandatory minimum sentence for her offense. See 18 U.S.C. § 3553 (f); USSG § 5C1.2. The district court found that Lopez failed to meet the fifth criterion for this relief, which requires a defendant to provide, prior to sentencing, all information she has that is relevant to the offense, regardless of its usefulness to the government. See United States v. Skrestha, 86 F.3d 935, 939 (9th Cir.1996). The district court did not clearly err in making that finding.

Lopez also argues that the district court improperly prevented her from supplementing her earlier eligibility statements to the government after her sentencing hearing was…

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