United States Sixth Circuit

The district court did not have the authority to alter the defendant's criminal history points based upon its conclusion that the defendant's criminal history score overstated the seriousness of his past criminal conduct and, because U.S.S.G. section 4A1.1 dictated that the defendant receive two criminal history points, the district court was also without authority to sentence the defendant below the statutory mandatory minimum, under the "safety valve" provision of 18 U.S.C. section 3553(f).

Appellate Information

• Decided 03/13/2002
• Published 03/13/2002

Judges

• Before BOGGS and MOORE, Circuit Judges;  RUSSELL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David Bunning (argued and briefed), Assistant United States Attorney, Covington, KY, Charles P. Wisdom, Jr. (argued), Assistant United States Attorney, Lexington, KY, for Appellant.


• For Appellees:
  
• Lucian J. Bernard (argued and briefed), Pearson & Bernard, Covington, KY, for Appellee.