Legal Opinion
United States v. Arturo Carillo-Ayala
Court of Appeals for the Eleventh Circuit
Decided March 22, 2013No. 11-14473PublishedCited by 60 opinions
1Opinion of the Court
MOLLOY, District Judge:
This case presents an issue of first impression in this Court concerning the “safety valve,” but one the trial judge noted is an all too frequent conundrum for a sentencing judge. When a defendant stands convicted of a drug offense carrying mandatory minimum terms of imprisonment and supervised release, the sentencing judge may impose a sentence below the otherwise mandatory minimum terms if the defendant meets five criteria. 18 U.S.C. § 3553(f); U.S.S.G. § 5C1.2. Only one of the five criteria is relevant here. It requires the defendant to show that he “did not ...…
2Cases cited42 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- Stinson v. United StatesSupreme Court of the United States · 1993
- Smith v. United StatesSupreme Court of the United States · 1993
- Muscarello v. United StatesSupreme Court of the United States · 1998
37 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- United States v. Lashaun BoltonCourt of Appeals for the Fourth Circuit · 2017
- United States v. Ivan CurbeloCourt of Appeals for the Eleventh Circuit · 2013
- United States v. Vergil Vladimir GeorgeCourt of Appeals for the Eleventh Circuit · 2017
- United States v. Michael Ray BishopCourt of Appeals for the Eleventh Circuit · 2019
- United States v. Reyes-TorresCourt of Appeals for the First Circuit · 2020
55 more not listed; retrieve them via the Exa API.