FILED
NOT FOR PUBLICATION APR 11 2011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. 10-30221
Plaintiff - Appellee, D.C. No. 2:08-cr-00137-WFN
v.
MEMORANDUM *
INES TAMAYO-LOPEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Ines Tamayo-Lopez appeals from the 168-month sentence imposed
following his guilty-plea conviction for conspiracy to distribute 500 grams or more
of a mixture or substance containing a detectable amount of methamphetamine, in
violation of 21 U.S.C. §§ 841(a) and (846). We have jurisdiction under 28 U.S.C.
*
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).
§ 1291, and we affirm.
Tamayo-Lopez contends that the district court procedurally erred by
determining that he was ineligible for ‘safety valve’ relief pursuant to 18 U.S.C.
§ 3553(f) and U.S.S.G. § 5C1.2. The district court did not clearly err in finding
that Tamayo-Lopez did not truthfully provide all relevant information concerning
the conduct for which he was sentenced. See United States v. Ajugwo, 82 F.3d
925, 929 (9th Cir. 1996); see also 18 U.S.C. § 3553(f)(5).
Tamayo-Lopez also contends his sentence is substantively unreasonable in
light of his personal characteristics and the disparate sentences imposed upon
cooperating co-defendants. The record reflects that Tamayo-Lopez’s bottom of the
Guidelines sentence is not substantively unreasonable in light of the totality of the
circumstances. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008)
(en banc).
AFFIRMED.
2 10-30221