Sanchez

MEMORANDUM **

Raul Sanchez appeals from the ten-year sentence imposed following his guilty plea conviction to possessing with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Sanchez challenges the district court’s ruling that it lacked the discretion to disregard his criminal history points for purposes of determining safety-valve eligibility under 18 U.S.C. § 3553 (f). Sanchez contends that § 3553(f) runs afoul of the remedial holding in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because it requires the district court to use the Sentencing Guidelines to determine when a defendant is safety-valve eligible. We reject this contention.

Booker prohibits the mandatory application of the Sentencing Guidelines to increase a defendant’s sentence beyond the amount authorized by the facts reflected in the jury verdict or admitted by the defendant. See id. at 230-34 . Booker does not address the application of the Sentencing Guidelines to decrease a defendant’s sentence beneath the amount authorized by the statute of conviction. Because Booker does not bear…