Hutchinson

MEMORANDUM **

Denise Hutchinson appeals from the district court’s determination that she is ineligible for the sentencing safety valve in 18 U.S.C. § 3553 (f). We have jurisdiction pursuant to 18 U.S.C. § 3742 (a). We affirm.

The defendant must fulfill five criteria in order to qualify for the safety valve: (1) the defendant does not have more than one criminal history point; (2) the defendant did not use violence or possess a firearm or dangerous weapon in connection with the offense; (3) the offense did not result in death or serious bodily injury to a person; (4) the defendant was not a leader in the offense and was not engaged in a continuing criminal enterprise; and (5) the defendant has truthfully provided to the government all information and evidence the defendant has concerning the offense. See 18 U.S.C. § 3553 (f); United States v. Ferryman, 444 F.3d 1183, 1185 (9th Cir. 2006). The safety valve provision is applicable only if the defendant “meets all five criteria.” United States v. Real-Hernandez, 90 F.3d 356, 360 (9th Cir.1996).

We review the district court’s factual determination that a particular defendant is eligible for relief under 18 U.S.C. § 3553 (f) for…