United States v. Marcial Cardenas-Villanueva , 425 F. App'x 562 ( 2011 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                             MAR 29 2011
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 10-30207
    Plaintiff - Appellee,             D.C. No. 2:09-cr-00133-FVS
    v.
    MEMORANDUM *
    MARCIAL CARDENAS-VILLANUEVA,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Eastern District of Washington
    Fred L. Van Sickle, District Judge, Presiding
    Submitted March 8, 2011 **
    Before:        FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
    Marcial Cardenas-Villanueva appeals from the 120-month sentence imposed
    following his guilty-plea conviction for conspiracy to manufacture 1,000 or more
    marijuana plants, in violation of 
    21 U.S.C. § 846
    , and destruction of government
    *
    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).
    property, in violation of 
    18 U.S.C. § 1361
    . We have jurisdiction under 
    28 U.S.C. § 1291
    , and we affirm.
    Cardenas-Villanueva contends that the district court clearly erred at
    sentencing by denying safety-valve relief based on its determination that Cardenas-
    Villanueva failed to meet his burden of establishing that he had truthfully provided
    to the government all of the information he had concerning the offense. The record
    reflects that the district court did not clearly err. See United States v. Cantrell, 
    433 F.3d 1269
    , 1284 (9th Cir. 2006) (“So long as the district court’s view of the
    evidence is plausible in light of the record viewed in its entirety, it cannot be
    clearly erroneous.”).
    AFFIRMED.
    2                                       10-30207
    

Document Info

Docket Number: 10-30207

Citation Numbers: 425 F. App'x 562

Judges: Bybee, Farris, O'Scannlain

Filed Date: 3/29/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023