United States of America v. Zaira Elizabeth Coronel

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ZAIRA ELIZABETH CORONEL,
Defendant - Appellant.
No. 11-50128
D.C. No. 3:10-cr-01581-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Zaira Elizabeth Coronel appeals from the 120-month sentence imposed
following her guilty-plea conviction for importation of cocaine, in violation of 21
U.S.C. §§ 952, 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
NOV 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50128 2
Coronel contends that the district court erred by applying the wrong legal
standard when evaluating whether she was entitled to relief under the safety valve
provision of 18 U.S.C. § 3553(f). The record reflects that the district court applied
the correct legal standard in denying safety valve relief.
Coronel also contends that the district court erred by failing to provide an
adequate statement of reasons for denying relief and because Coronel made a
good-faith effort to truthfully provide all information and evidence concerning the
offense. The record supports the district court’s determination that Coronel’s
testimony was inconsistent and conflicting. The district court did not clearly err
when it determined that Coronel did not meet her burden of proving by a
preponderance of the evidence that she qualified for safety valve relief. See United
States v. Diaz-Cardenas, 351 F.3d 404, 409 (9th Cir. 2003).
AFFIRMED.

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