FILED
NOT FOR PUBLICATION NOV 25 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30355
Plaintiff-Appellee, D.C. No. 1:15-cr-00018-SPW-1
v.
MEMORANDUM*
DANNY LEWIS FROST,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted November 16, 2016**
Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
Danny Lewis Frost appeals from the district court’s judgment and challenges
the 120-month sentence imposed following his guilty-plea conviction for
possession with intent to distribute and conspiracy to possess with intent to
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Frost argues that the district court erroneously determined that he was
ineligible for safety valve relief because he had failed to disclose truthfully all of
the information he had about the offense. We review for clear error, see United
States v. Mejia-Pimental, 477 F.3d 1100, 1103 (9th Cir. 2007), and find none.
After expressing an unwillingness to name his customers during his first debrief,
Frost provided vague information about only three of his customers during his
second debrief. Under these circumstances, the court did not clearly err in finding
that Frost had not truthfully provided the government all information he had about
the offense. See 18 U.S.C. § 3553(f)(5); United States v. Ferryman, 444 F.3d
1183, 1186 (9th Cir. 2006) (“We accept the lower court’s findings of fact
[regarding safety valve] unless we are left with a definite and firm conviction that a
mistake has been made.”)
AFFIRMED.
2 15-30355