United States Eleventh Circuit

Conviction and sentence based on guilty plea to possessing with intent to distribute one or more kilograms of heroin are vacated as to mandatory minimum sentence where the district court erred in finding application of the safety-valve mechanism discretionary where defendant met all criteria for the safety valve. The safety valve provision mandated by 18 U.S.C. section 3553(f) and reflected in section 5C1.2 of the guidelines is mandatory.

Appellate Information

• Decided 05/21/2007
• Published 05/21/2007

Judges

• CARNES, Circuit Judge:, Before CARNES, WILSON and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael Henry Smith (Court-Appointed), Smith Barid, LLC, Savannah, GA, for Quirante., Danial E. Bennett, Amy Lee Copeland, U.S. Atty., Savannah, GA, for U.S.