United States of America v. George Gonzalez Cruz

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NOT FOR PUBLICATION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.
GEORGE GONZALEZ CRUZ,
Defendant - Appellant.
No. 10-50574
D.C. No. 3:09-cr-03409-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
George Gonzalez Cruz appeals from the 10-year sentence imposed following
his guilty-plea conviction for conspiracy to distribute methamphetamine, in
violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
OCT 26 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50574 2
Gonzalez Cruz contends that the district court erred by denying him relief
under the safety valve provision of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2.
However, Gonzalez Cruz was not entitled to safety valve relief because he failed to
name his supplier. See 18 U.S.C. § 3553(f)(5); United States v. Thompson, 81 F.3d
877, 878-80 (9th Cir. 1996). Therefore, the district court correctly sentenced him
to the statutory mandatory minimum sentence. See Thompson, 81 F.3d at 880.
AFFIRMED.

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