United States Ninth Circuit

Defendant's sentence, imposed following his guilty plea to importation of heroin, is affirmed, where: 1) the safety valve determination from the mandatory minimum sentence under the Sentencing Guidelines does not implicate Alleyne v. United States, 133 S. Ct. 2151 (2013), because it does not increase the statutory minimum sentence; 2) the district court correctly assigned more than one criminal history point to defendant because he was on probation when he committed the federal offense and because there was an intervening arrest between his two state convictions in 2000; and accordingly, 3) defendant was ineligible for safety valve relief.

Appellate Information

• Decided 07/02/2014
• Published 07/02/2014

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel