US v. Cervantes, 06-4172
A probation officer is not the government for the purposes of the safety valve, and a defendant does not meet the requirements of the safety valve provision merely by meeting with a probation officer during a presentence investigation. Defendant's sentence for possession of methamphetamine with intent to distribute is affirmed over a challenge to the district court's refusal to grant him a "safety-valve" adjustment so that he might be sentenced within the advisory guideline range below the statutory minimum.
- Decided 03/24/2008
- Published 03/25/2008
KELLY, Circuit Judge., Before KELLY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BRISCOE, Circuit Judge.
United States Tenth Circuit
Elizabethanne C. Stevens, Assistant United States Attorney (Brett L. Tolman, United States Attorney, on the brief), Salt Lake City, UT, for Plaintiff-Appellee., Scott Keith Wilson, Assistant Federal Defender (Steven B. Killpack, Utah Federal Defender, on the briefs), Salt Lake City, UT, for Defendant-Appellant.