United States v. Kelly Ann Clark

MERRITT, Circuit Judge.

Defendant, Kelly Ann Clark, who pleaded guilty to conspiracy to possess lysergic acid diethylamide (LSD) with intent to distribute in violation of 21 U.S.C. § 846, received the minimum sentence of 10 years mandated by statute and now appeals her sentence. The primary question before us is whether the new “safety valve” statute, allowing courts to sentence below a statutorily mandated minimum sentence, applies to cases pending on appeal. We hold that the safety valve statute, officially entitled the “Mandatory Minimum Sentencing Reform Act of 1994,” a much needed reform…