United States of America, Plaintiff-appellee, v. Mario Uriarte-gonzalez, Defendant-appellant, 108 F.3d 1387 (9th Cir. 1997)

Before: BOOCHEVER, KOZINSKI and NOONAN, Circuit Judges.

MEMORANDUM^* 

Appellant was arrested after driving a marijuana-laden truck from Mexico to California. He pled guilty to importation and conspiracy to import marijuana, and possession and conspiracy to possess marijuana with intent to distribute; he was sentenced to 87 months in prison. The only issue on appeal is whether the district judge erred in finding Uriarte ineligible for the "safety valve," 18 U.S.C. § 3553(f), a sentencing provision which allows the judge to avoid imposing an otherwise applicable mandatory minimum term when five criteria are met.

The judge found that Uriarte was not "candid and cooperative," R.T. at 60 (March 11, 1996), and therefore did not comply with the requirement of section 3553(f) (5) that, no later than the time of sentencing, he truthfully provide whatever information he has regarding his offense. The judge based this finding on discrepancies between Uriarte's assertions during his plea allocution and other evidence before the court. Specifically, Uriarte claimed he took possession of the truck in the United States--an apparent effort to avoid an obstruction of justice enhancement at sentencing. The district court found, on the basis of credible evidence, that Uriarte drove the truck across the border.