United States of America v. Cesar Valenzuela-Mejia

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).
SR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CESAR VALENZUELA-MEJIA,
Defendant - Appellant.
No. 09-50129
D.C. No. 2:07-cr-00903-PSG
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Cesar Valenzuela-Mejia appeals from the 120-month sentence imposed
following his guilty-plea conviction for conspiracy to distribute cocaine, in
FILED
MAR 31 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SR/Research 09-50129 2
violation of 21 U.S.C. §§ 846, 841 (a)(1), (b)(1)(A). We have jurisdiction pursuant
to 28 U.S.C. § 1291, and we affirm.
Valenzuela-Mejia contends that the district court erred by relying on
untrustworthy evidence to deny him safety valve relief. This contention is belied
by the record, and the district court did not clearly err when it denied safety valve
relief. See 18 U.S.C. § 3553(f); U.S.S.G. § 5C1.2; see also United States v.
Shrestha, 86 F.3d 935, 938-40 (9th Cir. 1996). Valenzuela-Mejia failed to meet
his burden of proving, by a preponderance of the evidence, that he qualified for
safety valve relief. See United States v. Ajugwo, 82 F.3d 925, 927-29 (9th Cir.
1996).
AFFIRMED.

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