United States of America, Plaintiff-appellee, v. Reynaldo Luque-hernandez, Defendant-appellant, 107 F.3d 18 (9th Cir. 1996)

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U.S. Court of Appeals for the Ninth Circuit - 107 F.3d 18 (9th Cir. 1996) Submitted Dec. 10, 1996. Decided Dec. 12, 1996

Before: HALL, KOZINSKI, and HAWKINS, Circuit Judges.

MEMORANDUM* 

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.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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