United States First Circuit

Conviction of defendant for possession of drugs with intent to distribute is affirmed where, although defendant's waiver of appeal was invalid, there was no error in the district court finding that defendant did not qualify for the safety valve provision of 18 U.S.C. section 3553(f), based on a reasoned assessment of the defendant's credibility in light of the facts on record.

Appellate Information

• Decided 08/24/2009
• Published 08/24/2009

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Hector L. Ramos-Vega, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, was on brief, for appellant.


• For Appellees:
  
• Nelson Pérez-Sosa, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, was on brief, for appellee.