Chan-Astorga

MEMORANDUM **

Ramon Chan-Astorga (“Chan”) appeals his mandatory minimum 120-month sentence following a remand for re-sentencing. Chan raises several challenges to the sentence, including the contention that the district court erred in failing to apply the safety valve. We reject that contention and conclude that the district court did not err in imposing the mandatory minimum sentence. Therefore, we do not reach Chan’s remaining sentencing challenges because they are moot. See United States v. Thornton, 444 F.3d 1163, 1168 (9th Cir.2006).

The parties are familiar with the facts and procedural history of this case, so we do not repeat them here.

Chan contends that, after United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the district court had discretion to adjust the defendant’s criminal history calculation. We recently held in United States v. Hemandez-Castro, 473 F.3d 1004 (9th Cir.2007), that district courts have no authority to adjust criminal history points for the purpose of determining eligibility for safety valve relief under 18 U.S.C. § 3553 (f)(1). Id. at 1008 .

Chan also contends that the termination of the probation, after remand of his…