United States v. Renee Gomez ( 2014 )

FILED
NOT FOR PUBLICATION FEB 26 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30086
Plaintiff - Appellee, D.C. No. 2:11-cr-00108-EFS
v.
MEMORANDUM*
RENEE GOMEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Edward F. Shea, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Renee Gomez appeals from the district court’s judgment and challenges the
120-month sentence imposed following her jury-trial conviction for drug crimes
involving methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 846, 856, and
860. 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).
Gomez challenges the district court’s denial of safety-valve relief. We
review de novo the district court’s interpretation of 18 U.S.C. § 3553(f), and we
review for clear error its factual determination that a defendant is ineligible for
safety-valve relief. See United States v. Mejia-Pimental, 477 F.3d 1100, 1103 (9th
Cir. 2007). Contrary to Gomez’s contention, the district court made its own
determination, separate from the jury’s finding of guilt, that Gomez’s safety-valve
statement was not truthful. See United States v. Sherpa, 110 F.3d 656, 662 (9th
Cir. 1996). Furthermore, the court’s finding was not clearly erroneous. See United
States v. Orm Hieng, 679 F.3d 1131, 1144-45 (9th Cir.) (upholding denial of
safety-valve relief where the defendant denied knowing anything about a marijuana
growing operation, but evidence in the record suggested otherwise), cert. denied,
133 S. Ct. 775 (2012). Therefore, Gomez is not entitled to relief from the statutory
mandatory minimum sentence. See 18 U.S.C. § 3553(f)(5).
Gomez’s motion to take judicial notice is denied.
AFFIRMED.
2 13-30086