United States First Circuit

Government's motion for summary affirmance is granted and conviction and sentence for drug crimes is affirmed where: 1) the court did not err in relying upon judicial factfinding to determine that defendant was ineligible for safety-valve relief; 2) the court court properly concluded that it did not have the authority to sentence defendant below the mandatory minimum sentence because he did not satisfy all the safety-valve factors under U.S.C. sec. 3553(f); 3) the court did not err in placing the burden on defendant to prove eligibility for safety valve relief; and 4) the evidence in the record was sufficient to support the court's two-level role-in-the-offense enhancement and finding that he was an organizer, leader, manager or supervisor of others in the offense.

Appellate Information

• Decided 06/08/2009
• Published 06/08/2009

Judges

• PER CURIAM., Before BOUDIN, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Cynthia A. Young, Assistant U.S. Attorney, and Michael J. Sullivan, United States Attorney, on motion for summary disposition., Robert B. Mann and Mann and Mitchell on brief for appellant.