United States Ninth Circuit

The safety valve statute, 18 U.S.C. section 3553(f), survives Booker to require district courts to impose sentences pursuant to the advisory Sentencing Guidelines. A sentence for possession with intent to distribute cocaine is vacated and remanded where the district court incorrectly interpreted Booker as precluding application of the statutory safety valve of 18 U.S.C. section 3553(f).

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• THOMPSON, Senior Circuit Judge., Before DOROTHY W. NELSON, DAVID R. THOMPSON, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Anthony R. Gallagher, David Avery, Evangelo Arvanetes, Federal Defenders of Montana, Great Falls, Montana, for the defendant-appellant., William W. Mercer, Lori Harper Suek, United States Attorney's Office, Billings, Montana, for the plaintiff-appellee.