United States v. Jackson

This appeal, in this cocaine-base case, is about whether the “safety-valve” provision in 18 U.S.C. § 3553(f), which allows a sentencing court to disregard a statutory minimum sentence in certain circumstances, can be applied when a defendant’s sentence is modified downward pursuant to 18 U.S.C. § 3582(c)(2). We conclude that it cannot.

I. BACKGROUND

Natelisha Jackson, the appellant, was convicted of possession with intent to distribute more than 50 grams of cocaine base, as well as conspiring to do the same, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(l)(A)(iii). Jackson’s advisory…