United States First Circuit

Sentence for possession of a controlled substance with intent to distribute is affirmed where criminal history calculation for purposes of safety valve eligibility is non-discretionary, thus defendant was not entitled to the benefit of the safety valve.

Appellate Information

• Decided 09/17/2007
• Published 09/18/2007

Judges

• TASHIMA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, LIPEZ, Circuit Judge, and TASHIMA, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Matthew Kamholtz, for appellant.


• For Appellees:
  
• James F. Lang, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.