United States v. Lizarraga-Carrizales

OPINION

CALLAHAN, Circuit Judge:

Defendant-Appellant Roberto Ivan Li-zarraga-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 hold that the safety valve determination under 18 U.S.C. § 3553(f) does not implicate Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 186 L.Ed.2d…