United States Ninth Circuit

In the context of criminal sentencing and 18 U.S.C. section 3553(f), the "safety valve" provision, Booker left intact the requirement of 18 U.S.C. section 3553(f)(1) that a defendant "not have more than 1 criminal history point," and that section is not, by virtue of its reference to the Sentencing Guidelines, rendered advisory by Booker. Further, district courts have no authority to adjust criminal history points for the purpose of determining eligibility for safety valve relief under section 3553(f)(1), even when the sentencing court concludes that the criminal history calculation overstates the severity of the prior crimes.

Appellate Information

• Argued 11/14/2006
• Decided 01/12/2007
• Published 01/12/2007

Judges

• McKEOWN, Circuit Judge., Before A. WALLACE TASHIMA and M. MARGARET McKEOWN, Circuit Judges, and DAVID O. CARTER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Rene L. Valladares, Assistant Federal Public Defender (argued), Arthur L. Allen, Assistant Federal Public Defender, Las Vegas, NV, for the appellant.


• For Appellees:
  
• Ray Gattinella, Assistant United States Attorney, Las Vegas, NV, for the appellee.