United States Ninth Circuit

A safety-valve departure, under U.S.S.G. section 5C1.2, is affirmed where temporary detentions neither resulted from "adjudications of guilt" beyond a reasonable doubt, nor constituted returns to the original term of imprisonment, such that they could be treated as constructive revocations of parole.

Appellate Information

• Argued 02/03/2003
• Decided 10/24/2003
• Published 10/24/2003

Judges

• Before FERGUSON, HALL, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Judith A. Heinz, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellant.


• For Appellees:
  
• C.R. McReynolds (argued), Charles T. Matthews, Pasadena, CA, for defendant-appellee.