United States of America v. Jose Enrique Santiago-Ramirez

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NOT FOR PUBLICATION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 ENRIQUE SANTIAGO-RAMIREZ,
Defendant - Appellant.
No. 12-30178
D.C. No. 1:11-cr-00007-JDS
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Jose Enrique Santiago-Ramirez appeals from the district court’s judgment
and challenges the 120-month sentence imposed following his guilty-plea
conviction for conspiracy to possess with intent to distribute methamphetamine, in
FILED
JUN 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30178 2
violation of 21 U.S.C. § 846. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Santiago-Ramirez argues that the district court erred procedurally by finding
him ineligible for safety valve relief. We review for clear error, see United States
v. Mejia-Pimental, 477 F.3d 1100, 1103 (9th Cir. 2007), and find none. The record
supports an inference that Santiago failed to provide the government with all of the
information that he had concerning the offense. See 18 U.S.C. § 3553(f)(5);
U.S.S.G. § 5C1.2(a)(5); United States v. Ajugwo, 82 F.3d 925, 929 (9th Cir. 1996)
(“In determining whether [the defendant] had been truthful and completely
forthcoming with information concerning the offense, the district court could
consider information learned from other sources which indicated that [the
defendant] had been less than forthcoming.”).
AFFIRMED.

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