Alcala-Velasquez

MEMORANDUM **

Alfonso Alcala-Velasquez and Juan Jose Alcala-Velasquez (“Appellants”) challenge their sentences of 120 months imposed following their convictions for conspiring to distribute controlled substances in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 18 U.S.C. § 3742 . We affirm Appellants’ sentences and dismiss Juan Alcala-Velasquez’s claim that the government breached the plea agreement as moot.

The district court’s factual determination that Defendants did not meet the requirements for the “safety valve” provision of the Mandatory Minimum Sentencing Reform Act, 18 U.S.C. § 3553 (f), because they did not “truthfully provide[ ] to the Government all information and evidence [they had] concerning” the conspiracy, is not clearly erroneous. 18 U.S.C. § 3553 (f)(5). See United States v. Shrestha, 86 F.3d 935, 938 (9th Cir.1996). Defendants did not demonstrate by a preponderance of the evidence that they provided the true identity of the individual who supplied them with drugs. See id. at 940 . Their statements that their supplier was a man named Juan Delacruz in Wenatchee, whom they could not contact, were contradicted by evidence that their supplier was…