FILED
NOT FOR PUBLICATION OCT 04 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50221
Plaintiff-Appellee, D.C. No. 2:12-cr-00964-DMG
v.
MEMORANDUM*
CRISTOBAL AMANCIO MORALES,
a.k.a. Amancio Cristobal Morales-Beltran,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Dolly M. Gee, District Judge, Presiding
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Cristobal Amancio Morales appeals from the district court’s judgment and
challenges the 60-month sentence imposed following his guilty-plea conviction for
*
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).
conspiracy to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B),
and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Morales contends that the district court erred in denying his request for
safety-valve relief. We review for clear error, see United States v. Mejia-Pimental,
477 F.3d 1100, 1103 (9th Cir. 2007), and find none. The record supports the
district court’s finding that Morales did not truthfully provide the government with
all of the information he had concerning the offense. See 18 U.S.C. § 3553(f)(5);
U.S.S.G. § 5C1.2(a)(5). Moreover, contrary to Morales’s contention, his proffer
sessions did not constitute a “good faith” effort to cooperate with the government.
See Mejia-Pimental, 477 F.3d at 1106 (a defendant who provides evasive answers
and whose conduct was more extensive than his proffer suggests has not met the
good faith standard).
AFFIRMED.
2 15-50221