United States of America v. Pedro Garcia-Vargas, a.k.a. Ulises Anaya, a.k.a. Ulysis Anaya

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NOT FOR PUBLICATION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.
PEDRO GARCIA-VARGAS, a.k.a. Ulises
Anaya, a.k.a. Ulysis Anaya,
Defendant - Appellant.
No. 11-30025
D.C. No. 1:09-cr-00101-JDS
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Submitted January 17, 2012**
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Pedro Garcia-Vargas appeals from the 120-month sentence imposed
following his guilty plea to Count One of the Second Superseding Indictment, in
FILED
JAN 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30025 2
violation of 21 U.S.C. §§ 841(a)(1), 843 and 18 U.S.C. § 2. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Contrary to Garcia-Vargas’ contention, the district court did not clearly err
in finding Garcia-Vargas ineligible for safety valve relief under 18 U.S.C.
§ 3553(f) where Garcia-Vargas’ proffer was inconsistent with the testimony
adduced at trial by the law enforcement agent who investigated the crime and the
proffer made by his co-defendant. See United States v. Mejia-Pimental, 477 F.3d
1100, 1107 (9th Cir. 2007) (where proffer of knowledge and participation is
truthful and complete, it suffices for purposes of safety valve relief).
AFFIRMED.

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