United States v. Salvador Navarro

MEMORANDUM

Salvador Navarro appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Navarro challenges the district court’s denial of safety-valve relief from the statutory mandatory minimum sentence. We review the district court’s interpretation of 18 U.S.C. § 3553 (f) de novo, and we review its factual determination of safety-valve eligibility for clear error. See United States v. Mejia-Pimental, 477 F.3d 1100, 1103 (9th Cir.2007).

Navarro contends that the district court applied an improper standard in determining his safety-valve eligibility. The record reflects that the district court applied the proper legal standard. See id. at 1106-07 .

Contrary to Navarro’s contention, the whereabouts of a load vehicle less than one month before it was used to import methamphetamine was relevant to Navarro’s offense. See 18 U.S.C. § 3553 (f)(5); United States v. Miller, 151 F.3d 957, 958 (9th Cir.1998). Furthermore, the record reflects that the district court did not clearly err…