United States of America v. Jose Luis Alvarez-Lopez

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NOT FOR PUBLICATION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.
JOSE LUIS ALVAREZ-LOPEZ,
Defendant - Appellant.
No. 09-30352
D.C. No. 1:08-cr-00113-EJL
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Jose Luis Alvarez-Lopez appeals from the 120-month sentence imposed
following a guilty-plea conviction for conspiracy to 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.
FILED
OCT 05 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30352 2
Alvarez-Lopez contends that the district court erred by failing to grant
safety-valve relief, because: (1) the district court relied on a mistaken belief that
he admitted to a role in the conspiracy beyond what was stated at the plea hearing;
(2) there was substantial evidence of miscommunication between himself and the
government, and (3) he was denied the opportunity to provide a truthful and
complete statement. The district court did not clearly err by denying relief based
on its conclusion that Alvarez-Lopez had not provided a completely truthful
account regarding his role in the conspiracy despite the numerous opportunities he
was given to do so. See 18 U.S.C. § 3553(f)(5); United States v. Mejia-Pimental,
477 F.3d 1100, 1105 (9th Cir. 2007) (stating that a defendant’s good faith
obligation under § 3553(f) is satisfied by providing the government with truthful
and complete information by the time of the sentencing hearing).
AFFIRMED.

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