USA V. RICARDO GARCIA-MENDOZA, No. 12-50200 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 22 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 12-50200 D.C. No. 2:11-cr-00466-SVW v. MEMORANDUM * RICARDO GARCIA-MENDOZA, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding Submitted April 16, 2013 ** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Ricardo Garcia-Mendoza appeals from the district court s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 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). § 841(a)(1), (b)(1)(A)(viii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Garcia-Mendoza 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. The district court did not clearly err in finding that Garcia-Mendoza did not, at any time before he was sentenced, truthfully provide the government all of the information he had regarding the offense. See United States v. Orm Hieng, 679 F.3d 1131, 1144 (9th Cir.), cert. denied, 133 S. Ct. 775 (2012). Garcia-Mendoza was accordingly ineligible for safety valve relief. See 18 U.S.C. § 3553(f)(5). AFFIRMED. 2 12-50200

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