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U.S. v. LIZARRAGA-CARRIZALES

No. 10-50148.

757 F.3d 995 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto Ivan LIZARRAGA-CARRIZALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2014.

Attorney(s) appearing for the Case

James Fife (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , Chief, Appellate Section, Criminal Division, Daniel E. Zipp (argued), Assistant United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: STEPHEN S. TROTT and CONSUELO M. CALLAHAN, Circuit Judges, and MARK W. BENNETT, District Judge.

OPINION

CALLAHAN, Circuit Judge:

Defendant-Appellant Roberto Ivan Lizarraga-Carrizales ("Lizarraga") appeals his sentence imposed following his guilty plea to importation of heroin in violation of 21 U.S.C. §§ 952 and 960 (the "federal offense"). Lizarraga claims that the district court improperly engaged in judicial fact-finding in denying him safety valve relief from the mandatory minimum sentence and misapplied the Sentencing Guidelines. We...

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