UNITED STATES of America, Plaintiff—Appellee, v. Arturo GARCIA-GUTIERREZ, a/k/a Arturo Gutierrez Garcia, Arturo Gutierrez, Defendant—Appellant.
No. 03-50483.
United States Court of Appeals, Ninth Circuit.
Submitted Dec. 6, 2004.
Decided Jan. 13, 2005.
Thomas E. Loeser, Esq., USLA-Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.
Shakti Murthy, Esq., Santa Monica, CA, for Defendant-Appellant.
Before: GOODWIN, ALARCÓN, and TROTT, Circuit Judges.
MEMORANDUM
Arturo Garcia-Gutierrez appeals his conviction of aiding in the manufacture of methamphetamine, in violation of 21 U.S.C. § 846. He contends that the district court erred in refusing to find him eligible for a reduction of his sentence under the “safety valve” provision, U.S. Sentencing Guidelines §§ 4A1.3 and 5C1.2. Because of the valid appeal waiver, we dismiss. United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).
DISMISSED.