United States Eleventh Circuit

Government appeal from defendant's 36-month sentence after application of safety valve to marijuana-related convictions, which ordinarily carry a minimum mandatory 5-year sentence, is vacated and remanded where the district judge erred in concluding that he was precluded from denying the safety valve, after finding that defendant possessed a firearm in connection with the offense.

Appellate Information

• Decided 07/10/2006
• Published 07/10/2006

Judges

• PER CURIAM:, Before TJOFLAT, ANDERSON and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Randall Dana Katz, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for Defendant-Appellant., Hugo A. Rodriguez (Court-Appointed), Miami Beach, FL, for Plaintiff-Appellee.