United States v. Eleuterio Lopez

MEMORANDUM

Eleuterio Lopez appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for aiding and abetting the distribution of methamphetamine, in violation of 18 U.S.C. § 2 (a) and 21 U.S.C. § 841 (a)(1), (b)(l)(A)(viii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The government contends that this appeal should be dismissed because Lopez waived his right to appeal his sentence. We review the enforceability of the appeal waiver de novo, see United States v. Watson, 582 F.3d 974, 981 (9th Cir.2009), and decline to enforce it because it is unclear whether the waiver encompasses the issues Lopez raises on appeal, see id. at 986 (“Plea agreements are interpreted using contract principles with any ambiguity construed in the defendant’s favor.”).

Lopez contends that the district court erred in concluding that he was ineligible for safety-valve relief. We review the district court’s factual determination of safety-valve eligibility for clear error. See United States v. Mejia-Pimental, 477 F.3d 1100, 1103 (9th Cir.2007). The district court did not clearly err because the record reflects that Lopez…