United States of America v. Ricardo Garcia-Mendoza

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NOT FOR PUBLICATION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.
RICARDO GARCIA-MENDOZA,
Defendant - Appellant.
No. 12-50200
D.C. No. 2:11-cr-00466-SVW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Ricardo Garcia-Mendoza appeals from the district court’s judgment and
challenges the 120-month sentence imposed following his guilty-plea conviction
for possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
FILED
APR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50200 2
§ 841(a)(1), (b)(1)(A)(viii). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Garcia-Mendoza 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. The
district court did not clearly err in finding that Garcia-Mendoza did not, at any time
before he was sentenced, truthfully provide the government all of the information
he had regarding the offense. See United States v. Orm Hieng, 679 F.3d 1131,
1144 (9th Cir.), cert. denied, 133 S. Ct. 775 (2012). Garcia-Mendoza was
accordingly ineligible for safety valve relief. See 18 U.S.C. § 3553(f)(5).
AFFIRMED.

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