United States Fourth Circuit

District court erred in determining that appellant was ineligible for the U.S.S.G. section 2D1.1(b)(6) "safety valve", because that section merely requires that a defendant meet the criteria found in section 5C1.2(1)-(5) to be eligible for a two-level downward reduction, and eligibility is not limited to only certain convicted offenses, or any other requirements found in section 5C1.2.5; remanded for re-sentencing.

Appellate Information

• Decided 04/22/2002
• Published 04/22/2002

Judges

Court

• United States Fourth Circuit

Counsel