Valenzuela-Sanchez
United States v. Valenzuela-Sanchez
Opinion
Lead Opinion
MEMORANDUM ***
A jury found Mario Valenzuela-Sanchez guilty of importation of 100 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possession with intent to distribute 100 grams or more of marijuana, in violation of 21 U.S.C. § 841 (a)(1). He received a statutorily mandated 60-month concurrent sentence under 21 U.S.C. §§ 960 (b)(2) and 841(b)(l)(B)(vü). We affirm.
Valenzuela-Sanchez argues that the district court erred by abdicating its sentencing authority over a safety valve request to the Assistant United States Attorney. We review de novo the district court’s interpretation and application of 18 U.S.C. § 3553 (f). United States v. Sherpa, 110 F.3d 656, 659 (9th Cir.1997).
Although the district court’s sentencing decision — particularly its statements about the weight it was giving to the prosecutor’s views — requires some pause on our part, we conclude that the court’s decision to defer to the prosecution’s position was not an abdication of the court’s role as the *680 decision maker because the judge understood that he had the authority and discretion, independent of the prosecutor’s recommendation, to grant safety valve relief.