United States of America, Plaintiff-appellee, v. Carlos Olivares-cuevas, Defendant-appellant, 142 F.3d 447 (9th Cir. 1998)

MEMORANDUM¹ 

Carlos Olivares-Cuevas appeals his sentence imposed following his guilty plea to conspiracy to manufacture, distribute and possess methamphetamine. He 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. We review for clear error, see United States v. Shrestha, 86 F.3d 935, 938 (9th Cir. 1996), and we affirm.

To qualify for relief under the safety valve provision, a defendant must truthfully provide the government with "all information and evidence ... concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan." See U.S.S.G. § 5C1.2(5).

The evidence in the record supports the district court's finding that Olivares-Cuevas failed to provide the government with all the information in his possession. The agent who interviewed Olivares-Cuevas at the time of his arrest indicated that Olivares-Cuevas was not entirely candid, and Olivares-Cuevas refused to be interviewed by the U.S. Attorney's Office. Under these facts, the district court did not clearly err by denying Olivares-Cuevas relief under the safety valve provision. See United States v. Contreras, No. 97-10163, slip op. (9th Cir. Feb. 25, 1998); United States v. Ajugwo, 82 F.3d 925, 929 (9th Cir. 1996), cert. denied, --- U.S. ----, 117 S. Ct. 742, 136 L. Ed. 2d 680 (1997).

AFFIRMED.