Arteaga-Giron

MEMORANDUM **

Edgar William Arteaga-Giron (“Artea-ga-Giron”) was convicted of conspiracy to *430 distribute methamphetamine in violation of 21 U.S.C. § § 841(a)(1), 841(b)(1)(A), and 846. Arteaga-Giron appeals the district court’s denial of his request for resentenc-ing following a limited remand under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). On appeal prior to the Ameline remand, Arteaga-Giron had challenged the district court’s enhancement of his sentence because of his leadership role in the conspiracy and because a dangerous weapon was possessed during the offense. He also challenged the reasonableness of his sentence under 18 U.S.C. § 3553 (a). On appeal following the Ameline remand, Arteaga-Giron challenged the district court’s failure to consider application of safety valve relief to his case. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . 1 We affirm the district court.

We first address Axteaga-Giron’s claim that the district court erred by denying his request for resentencing. A defendant is not entitled to a resentencing hearing if the district court determines, on Ameline remand, that it would not have…