United States v. Orozco

Miguel Orozco, Jr., appeals his sentence of 120 months’ imprisonment for conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846. The district court sentenced Orozco to the statutory mandatory minimum term of incarceration. At sentencing, the district court overruled Orozco’s argument that the court had the authority to apply the “safety-valve” provision of 18 U.S.C. § 3553(f) and impose a sentence below the mandatory minimum because the district court had granted a downward departure in his criminal history category that placed him in Category I. We hold…