Meza-Garcia

United States v. Meza-Garcia

Good Law
152 F. App'x 647
United States Court of Appeals for the Ninth CircuitNovember 2, 2005No. 04-50413California269 words

Opinion

Lead Opinion

MEMORANDUM *

Israel Alberto Meza-Garcia appeals his 120 month mandatory minimum sentence for importing cocaine under 21 U.S.C. §§ 952 , 960. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We believe the district court did not clearly err when it denied Meza-Garcia a safety valve reduction. Because Meza-Garcia refused to be candid about where he lived and his relationship to those who had supplied him with the drugs, the court correctly found that Meza-Garcia had not told “all [he] can tell.” United States v. Shrestha, 86 F.3d 935, 939 (9th Cir.1996). Moreover, the court did not abuse its discretion when it denied Meza-Garcia an additional opportunity to testify. The sentencing court need only give the defendant a “‘reasonable opportunity’ to present information to the court,” United States v. Real-Hernandez, 90 F.3d 356, 362 (9th Cir.1996) (citations omitted). Two safety valve debriefings and three thorough evidentiary hearings is more than enough to meet that standard.

Meza-Garcia also argued that he should have been sentenced under the Sentencing Guidelines rather than under the mandatory minimum. We reject Meza-Garcia’s arguments, following the general rule that…

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