United States v. Carlos Andrade-Vargas

ORDER AND JUDGMENT *

WADE BRORBY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Appellant Carlos Andrade-Vargas pled guilty to possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1). He now appeals his sixty-month sentence, claiming the district court erred in finding him ineligible for a two-level safety valve…