Legal Opinion

United States v. Marquez

Court of Appeals for the First Circuit

Decided February 12, 2002No. 01-1910PublishedCited by 44 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal requires us to examine the so-called “safety valve,” 18 U.S.C. § 3553(f) — a device through which a court may sentence a defendant without regard to an otherwise-applicable statutory mandatory minimum, provided that the defendant meets certain criteria. After per-scrutation of the parties’ briefs and the record, we conclude that the sentencing court’s refusal to apply the safety valve was neither clearly erroneous nor based upon a mistaken view of the law. Consequently, we affirm the sentence imposed below.

I

Background

We derive the facts from the Rule 11…

2Cases cited13 opinions

  1. United States v. DuarteCourt of Appeals for the First Circuit · 2001
  2. Wilma Cumpiano A/K/A Wilma Cumpiano Sanchez v. Banco Santander Puerto RicoCourt of Appeals for the First Circuit · 1990
  3. United States v. William A. DietzCourt of Appeals for the First Circuit · 1991
  4. United States v. Kaya AymelekCourt of Appeals for the First Circuit · 1991
  5. United States v. Marc A. RoyerCourt of Appeals for the First Circuit · 1990

8 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. United States v. MatosCourt of Appeals for the First Circuit · 2003
  2. United States v. BravoCourt of Appeals for the First Circuit · 2007
  3. United States v. Rodríguez-DuránCourt of Appeals for the First Circuit · 2007
  4. United States v. Ventura-CruelCourt of Appeals for the First Circuit · 2003
  5. United States v. Padilla-ColónCourt of Appeals for the First Circuit · 2009

39 more not listed; retrieve them via the Exa API.

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