Pastrana

MEMORANDUM **

Joe Martin Pastrana appeals the 120-month sentence imposed following his guilty plea to importation of cocaine, in violation of 21 U.S.C. §§ 952 , 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Pastrana first contends under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), that the district court had the discretion to disregard his criminal history points for purposes of determining safety-valve eligibility under 18 U.S.C. § 3553 (f). Pastrana’s contention lacks merit. The mandatory nature of section 3553(f) did survive Booker , but it does also require district courts “to apply its relief from mandatory minimums in appropriate cases.” See United States v. Cardenas-Juarez, 469 F.3d 1331, 1335 (9th Cir.2006). However, Pastrana is not eligible for safety-valve relief because he, as he concedes, has more than one criminal history point. See 18 U.S.C. § 3553 (f)(1); cf. Cardenas-Juarez, 469 F.3d at 1335 (vacating sentence where there was no dispute over safety-valve eligibility).

Pastrana next contends his prior convictions, for purposes of calculating his criminal history points, cannot be used unless they were…