UNITED STATES of America, Plaintiff-Appellee, v. Pedro GARCIA-VARGAS, a.k.a. Ulises Anaya, a.k.a. Ulysis Anaya, Defendant-Appellant, 467 F. App'x 577

MEMORANDUM Pedro Garcia-Vargas appeals from the 120-month sentence imposed following his guilty plea to Count One of the Second Superseding Indictment, in violation of 21 U.S.C. §§ 841(a)(1), 843 and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Contrary to Garcia-Vargas’ contention, the district court did not clearly err in finding Garcia-Vargas ineligible for safety valve relief under 18 U.S.C. § 3553(

f) where Garcia-Vargas’ proffer was inconsistent with the testimony adduced at trial by the law enforcement agent who investigated the crime and the proffer made by his co-defendant. See United States v. Mejia-Pimental, 477 F.3d 1100, 1107 (9th Cir.2007) (where proffer of knowledge and participation is truthful and complete, it suffices for purposes of safety valve relief). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.