United States Fourth Circuit

In a prosecution for unlawful importation of heroin in which the defendant was convicted and sentenced to the statutory mandatory minimum term of imprisonment, the sentence is affirmed, where: 1) the district court committed no error by basing its rejection of the safety-valve exception to the statutory mandatory minimum on the fact that the defendant lied during his proffer session; and 2) the government's failure to timely object to a presentence report finding the safety valve applicable did not preclude the court's consideration of the government's objection to application of the safety valve.

Appellate Information

• Decided 02/29/2012
• Published 02/29/2012

Judges

• Traxler

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Brendan Abell Hurson, Mushtaq Zakir Gunja