USA V. RICARDO CASTANEDA, No. 11-50212 (9th Cir. 2012)

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FILED MAR 05 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-50212 D.C. No. 3:10-cr-04623-LAB v. MEMORANDUM * RICARDO ROBLEDO CASTANEDA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Ricardo Robledo Castaneda appeals from the 120-month sentence imposed following a guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952, 960, and 963. We have jurisdiction under 28 U.S.C. * 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). § 1291, and we affirm. Castaneda contends that the district court erred by finding him ineligible for safety valve relief pursuant to 18 U.S.C. § 3553(f). The district court s factual determination that Castaneda failed to provide truthful and complete information to the government was not clearly erroneous. See United States v. Mejia-Pimental, 477 F.3d 1100, 1105-06 (9th Cir. 2007). Further, the district court did not abuse its discretion by denying his request for an evidentiary hearing on this issue. See United States v. Real-Hernandez, 90 F.3d 356, 362 (9th Cir. 1996). Castaneda also contends that the district court erred by declining to award a minor role adjustment because he was substantially less culpable than the average co-participant. The district court did not clearly err by declining to award the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283-84 (9th Cir. 2006). In any case, as the district court noted, this issue is moot in light of the determination under 18 U.S.C. § 3553(f). AFFIRMED. 2 11-50212

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