Carvajal

MEMORANDUM **

Luis Carvajal appeals from his 120-month sentence imposed after pleading guilty to conspiracy and possession with intent to distribute and distribution of cocaine, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841 (a)(1), (b)(1)(A), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Carvajal contends that, now that the United States Sentencing Guidelines are no longer mandatory, see United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the district court has the discretion to adjust his criminal history category so that he meets the safety valve provisions and can be sentenced under the mandatory minimum. This contention fails because Booker does not bear on the reduction of sentences. See Booker, 543 U.S. at 244 , 125 S.Ct. 738 . Also, the safety valve adjustment, which is governed by statute, prohibits a downward adjustment if the defendant has more than one criminal history point. See 18 U.S.C. § 3553 (f)(1); see also United States v. Valencia-Andrade, 72 F.3d 770, 773-74 (9th *625 Cir.1995) (stating that 18 U.S.C. § 8558 (f) precludes the district court from creating an exception to a mandatory minimum…