FILED
NOT FOR PUBLICATION FEB 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10152
Plaintiff - Appellee, D.C. No. 4:05-cr-00125-DCB
v.
MEMORANDUM *
SALVADOR GARZA-CARDENAS,
a.k.a. Ramon Hernandez-Gonzalez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Salvador Garza-Cardenas appeals from the 168-month sentence imposed
following his guilty-plea conviction for drug crimes. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Garza-Cardenas contends that the district court erred by failing to grant
safety-valve relief because the district court relied on (1) the fact that
Garza-Cardenas had not fully disclosed prior uncharged criminal activity, and
(2) the fact that Garza-Cardenas had organized other drug shipments prior to
sentencing while he was out on bond. The district court did not clearly err by
denying relief based on its conclusion that Garza-Cardenas had not provided a
completely truthful account regarding his role in the conspiracy. See 18 U.S.C.
§ 3553(f)(5); United States v. Mejia-Pimental, 477 F.3d 1100, 1105 (9th Cir. 2007)
(stating that a defendant’s good faith obligation under section 3553(f) is satisfied
by providing the government with truthful and complete information by the time of
the sentencing hearing).
AFFIRMED.
2 09-10152