Carrizales

United States v. Carrizales

Good Law
102 F. App'x 628
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-30430, 03-30443; D.C. Nos. CR-02-00296-EFS, CR-01-00295-EFSCalifornia573 words

Opinion

Lead Opinion

MEMORANDUM **

I Case No. 03-30430

In Case No. 03-30430, Conchita A. Carrizales appeals the 60-month prison term and 4-year term of supervised release imposed following her guilty plea to distributing 50 grams or more of a mixture of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(B)(VIII), and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm the sentence imposed by the district court.

Carrizales contends that the district court erred when it failed to make findings of fact and conclusions of law regarding whether or not Carrizales met the criteria for application of the safety valve under 18 U.S.C. § 3553 (f) and U.S.S.G. § 5C1.2 (2002). Because counsel for Carrizales did not object to the district court’s decision not to apply safety valve relief or to make findings or conclusions regarding the safety valve criteria, our review is for plain error. See, e.g., United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001).

At sentencing, counsel for Carrizales conceded that Carrizales declined to participate in the “free talk” or debriefing session requested by the government to make her eligible for safety valve…

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