United States v. Guillermo Cardenas-Juarez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
THOMPSON, Senior Circuit Judge.
On January 4, 2005, in the United States District Court for the District of Montana, Guillermo Cardenas-Juarez pleaded guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). After .requesting briefing and continuing the sentencing hearing, the district court concluded that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), rendered the statutory safety valve of 18 U.S.C. § 3553(f) advisory, and therefore it was “trumped” by the mandatory minimum set forth in 21 U.S.C. § 841. The district court…
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