United States Tenth Circuit

Defendant's drug sentence is affirmed, where the District Court did not err by declining to apply the safety-valve provision of U.S.S.G. section 5C1.2, because the nunc pro tunc order Defendant obtained from a state court that meant that he did not commit his offense while on probation did not render him eligible for safety-valve relief.

Appellate Information

• Decided 04/17/2009
• Published 04/17/2009

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jon D. Williams, Salt Lake City, UT, for Defendant-Appellant., Elizabethanne C. Stevens, Assistant United States Attorney, Salt Lake City, UT, (Brett L. Tolman, United States Attorney, with her on the brief), for Plaintiff-Appellee.