United States v. Joaquin Rojas-Coria, Also Known as Kinieno

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and GRUENDER, Circuit Judges.

BOWMAN, Circuit Judge.

Joaquin Rojas-Coria pleaded guilty- to a charge of distribution and possession with intent to distribute methamphetamine in violation . of 21 U.S.C.A. §§ 841(a)(1) and 841(b)(1) (West 1999 & Supp.2004). The District Court 1 sentenced Rojas-Coria to 120 months in prison, the statutory mandatory minimum sentence. On appeal, Rojas-Coria challenges the District. Court’s denial of relief under the “safety valve” provision of 18 U.S.C. § 3553(f) (2000), which would, if applicable, mandate a sentence under the…