United States of America v. Ramon Guadalupe Soberanes- Fierro

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAMON GUADALUPE SOBERANES-
FIERRO,
Defendant - Appellant.
No. 08-50555
D.C. No. 3:08-cr-01345-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Ramon Guadalupe Soberanes-Fierro appeals from the 120-month sentence
imposed following his guilty-plea conviction for importation of cocaine, in
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-50555 2
violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Soberanes-Fierro contends that the district court erred at sentencing by
failing to grant him safety valve relief. First, and contrary to Soberanes-Fierro’s
arguments, the record reflects that the district court applied the correct burden of
proof in determining whether Soberanes-Fierro provided the government with
complete and truthful information concerning the offense. See United States v.
Ajugwo, 82 F.3d 925, 929 (9th Cir. 1996) (defendant has burden of proving, by a
preponderance of the evidence, that he is entitled to safety valve relief); United
States v. Shrestha, 86 F.3d 935, 940 (9th Cir. 1996) (burden shifts to government
only after defendant has made requisite showing). Additionally, the record
reflects that the district court did not clearly err by determining that Soberanes-
Fierro failed to meet his burden. See Ajugwo, 82 F.3d at 929-30.
AFFIRMED.

-- 2 of 2 --