FILED
NOT FOR PUBLICATION MAR 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10670
Plaintiff - Appellee, D.C. No. 4:10-cr-00391-RCC
v.
MEMORANDUM*
CLARISANA PRECIADO CERVANTES,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Clarisana Preciado Cervantes appeals from the district court’s judgment and
challenges the 60-month sentence imposed following her jury-trial conviction for
possession with intent to distribute marijuana, in violation of 21 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).
§ 841(a)(1), (b)(1)(B)(vii). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Preciado Cervantes contends that the district court erred by denying her
relief under the safety valve provision of 18 U.S.C. § 3553(f). We review for clear
error the district court’s determination that a defendant is ineligible for safety valve
relief. See United States v. Mejia-Pimental, 477 F.3d 1100, 1103 (9th Cir. 2007).
Contrary to Preciado Cervantes’s contention, the record here is sufficient to permit
meaningful appellate review, see United States v. Carty, 520 F.3d 984, 992 (9th
Cir. 2008) (en banc), and it makes evident that the district court concluded that
Preciado Cervantes had not truthfully and fully provided the government with all
of the information she had concerning the offense. This conclusion finds support
in the record; accordingly, the district court did not clearly err in denying relief.
See 18 U.S.C. § 3553(f)(5); United States v. Ajugwo, 82 F.3d 925, 929 (9th Cir.
1996).
In light of the fact that the court lacked discretion to sentence Preciado
Cervantes below the statutory mandatory minimum, we do not reach her remaining
contentions of error.
AFFIRMED.
2 11-10670