Nieto-Cruz

MEMORANDUM **

Gabriel Nieto-Cruz appeals the 120-month sentence imposed following his guilty plea to conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Nieto-Cruz contends the district court erred by denying him the benefit of safety-valve relief under U.S.S.G § 5C1.2 (incorporating the criteria of 18 U.S.C. § 3553 (f)(1)-(5)). On the record before us, we cannot say that the district court clearly erred by finding that Nieto-Cruz had failed to provide the government with complete and truthful information concerning this offense. See 18 U.S.C. § 3553 (f)(5); United States v. Lopez, 163 F.3d 1142, 1143-44 (9th Cir.1998).

Nieto-Cruz contends the district court erred by failing to make factual findings whether he was subjected to sentencing entrapment. The defendant has the burden of proving that he was a victim of sentencing entrapment because he had neither the intent nor the ability to produce the amount of drugs involved. United States v. Naranjo, 52 F.3d 245 , 250 n. 13 (9th Cir.1995). Nieto-Cruz produced no evidence, other than his own assertions,…