United States First Circuit

In order for the U.S.S.G. section 5C1.2 safety valve to be precluded because of a firearm enhancement, a defendant must possess or induce another to possess a firearm in accordance with section 5C1.2(2)(a)(2).

Appellate Information

• Decided 09/08/2003
• Published 09/08/2003

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bruce J. McGiverin, with whom María H. Sandoval were on brief, for appellant Ramón Figueroa-Encarnacion., Rachel Brill, for appellant Alberto Medina.


• For Appellees:
  
• Thomas F. Klumper, Assistant United States Attorney, with whom H.S. Garc ́ia, United States Attorney, and Sonia I. Torres, Assistant United States Attorney, Chief, Criminal Division, were on brief, for appellee.