Legal Opinion
United States v. Esteban Hernandez-Castro
Court of Appeals for the Ninth Circuit
Decided January 12, 2007No. 06-10074PublishedCited by 39 opinions
1Opinion of the Court
McKEOWN, Circuit Judge.
Under 18 U.S.C. § 3553(f), known as the “safety valve” provision, a defendant may be sentenced below the applicable statutory minimum if certain conditions are met, including not having “more than 1 criminal history point, as determined under the sentencing guidelines.” Id. § 3553(f)(1). The issue we consider is whether, following the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the United States Sentencing Guidelines are advisory for purposes of calculating criminal history points under § 3553(f)(1).
This is…
2Cases cited13 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- United States v. Martin CardenasCourt of Appeals for the Ninth Circuit · 2005
- United States v. Jude Somerset HardestyCourt of Appeals for the Ninth Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Butler v. CurryCourt of Appeals for the Ninth Circuit · 2008
- United States v. BranchCourt of Appeals for the Sixth Circuit · 2008
- United States v. Marcos Alonzo HernandezCourt of Appeals for the Ninth Circuit · 2007
- United States v. TannerCourt of Appeals for the Seventh Circuit · 2008
- United States v. Leon-AlvarezCourt of Appeals for the Eighth Circuit · 2008
34 more not listed; retrieve them via the Exa API.