Court of Appeals for the Ninth Circuit April 26, 2004, No. 03-50420; D.C. No. CR-03-00013-TJH-3 (United States v. Nieto-Cruz)

MEMORANDUM**

Gabriel Nieto-Cruz appeals the 120-month sentence imposed following his guilty plea to conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Nieto-Cruz contends the district court erred by denying him the benefit of safety-valve relief under U.S.S.G § 5C1.