United States v. Barrientos
Court of Appeals for the Eighth Circuit
1Opinion of the Court
SHEPHERD, Circuit Judge.
Fernando Barrientos pled guilty to possession with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). At sentencing, Barrientos sought a two-level reduction in his offense level, claiming he was eligible for safety-valve relief pursuant to United States Sentencing Commission, Guidelines Manual, § 5C1.2 and 18 U.S.C. § 3553(f)(1) — (5). The district court denied Barrientos safety-valve relief, relying in error on our prior decision in United States v. Webb, 218 F.3d 877 (8th Cir.2000), which has been trumped by…
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