Read US v. Gomez, 06-30288

Defendant's sentence for conspiracy to distribute a mixture containing a detectable amount of cocaine is affirmed where the safety valve in 18 U.S.C. section 3553(f) does not violate the Eighth Amendment by limiting its benefit to defendants who have no more than one criminal history point.

Appellate Information

• Submitted 12/08/2006
• Decided 12/28/2006
• Published 12/28/2006

Judges

• GRABER, Circuit Judge:, Before: B. FLETCHER, GRABER, and M. McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• George P. Trejo, Jr., The Trejo Law Firm, Yakima, WA, for the defendant-appellant., Russell E. Smoot, Assistant U.S. Attorney, Spokane, WA, for the plaintiff-appellee.