United States First Circuit

Sentence of 120 months imprisonment after a guilty plea for possession of heroin with intent to distribute is affirmed where the defendant did not qualify for safety-valve relief because of more than one criminal history point in his record, and where Booker does not give courts discretion to disregard an otherwise applicable statutory minimum.

Appellate Information

• Decided 03/14/2006
• Published 03/14/2006

Judges

• JOHN R. GIBSON, Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge , and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Juan F. Matos-de Juan, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, was on brief for appellant.


• For Appellees:
  
• Judith Vargas, with whom H.S. García, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Senior Appellate Attorney In Charge, and Germán A. Rieckehoff, Assistant United States Attorney, were on brief for appellee.