Terrazas

MEMORANDUM **

Jesus Terrazas appeals his 120-month sentence imposed following a guilty plea to possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Appellant contends that the district court erred in its denial of his motion for a safety valve, pursuant to 18 U.S.C. § 3553 (f). We disagree, as the record supports a finding that appellant had a leadership role in this offense. Because his role *690 as a leader in the offense precludes the application of a safety valve, the district court did not err. See United States v. Sherpa, [¶] F.3d 656, 659-60 (9th Cir. 1996).

Appellant also contends that the district court violated his due process rights when it determined that he held a leadership role in the offense, and thus he is entitled to re-sentencing, pursuant to Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and United States v. Booker, — U.S. —, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). However, because appellant was sentenced pursuant to the applicable mandatory minimum sentence and not the United States Sentencing Guidelines, we reject his contention. See…