court similarly determined that Zakharov was not entitled to relief under the safety valve provision. The court explained that Zakharov did not sufficiently cooperate with the government and therefore failed to carry his burden that he told the government everything he knew about the offense pursuant to 18 U.S.C. § 3553(f)(5). Again, the court’s denial of Zakharov’s request for leniency was not clearly erroneous. See United States v. Arrington, 73 F.3d 144, 148 (9th Cir.1996). We also note that the district court’s finding that Zakharov did not cooperate with the government, and was therefore ineligible for a reduced sentence under 18 U.S.C. § 3553(f), did not violate Zakharov’s Sixth Amendment rights. See United States v. Labrada-Bustamante, 428 F.3d 1252, 1262-63 (9th Cir.2005) (<HOLDING>). However, because we cannot reliably determine
holding that the safety valve provision of 18 usc  3553f is not unconstitutional under apprendi 530 us 466 120 sct 2348 147 led2d 435 or blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004 holding that almendareztorres remains binding despite apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 holding the same under blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004 holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 was not violated where the sentence did not exceed the applicable statutory maximum holding that after blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004 statutory maximum is the maximum that this particular defendant can face in light of his criminal history and the facts found by a jury or admitted by the defendant