107 F.3d 18: United States of America, Plaintiff-appellee, v. Reynaldo Luque-hernandez, Defendant-appellant
United States Court of Appeals, Ninth Circuit. - 107 F.3d 18
Submitted Dec. 10, 1996.Decided Dec. 12, 1996
Before: HALL, KOZINSKI, and HAWKINS, Circuit Judges.
The district court's determination that it had no authority to strike criminal history points was correct. Even though the sentencing court had the discretion to consider the defendant in a lower criminal history category, the guidelines simply do not give the district court the authority to strike criminal history points. United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995). Because the defendant had more than one criminal history point, the district court correctly decided that the "safety valve" provision did not apply. U.S.S.G. § 5C1.2(1). Accordingly, the district court is AFFIRMED.