United States v. Gonzalez Cruz , 455 F. App'x 753 ( 2011 )

FILED
NOT FOR PUBLICATION OCT 26 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50574
Plaintiff - Appellee, D.C. No. 3:09-cr-03409-DMS
v.
MEMORANDUM *
GEORGE GONZALEZ CRUZ,
Defendant - Appellant.
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.
*
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).
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.
2 10-50574