United States v. Freeman
District Court, S.D. Florida
1Opinion of the Court
Memorandum Opinion
JORDAN, District Judge.
A defendant who is convicted of a specified narcotics offense carrying a mandatory minimum sentence can avoid that minimum sentence, and receive a sentence within the range otherwise prescribed by the Sentencing Guidelines, if he meets certain “safety valve” criteria. See 18 U.S.C. § 3553(f); USSG § 5C1.2. 1 See also USSG § 2D1.1(b)(6) (providing for a two-level decrease for a defendant who satisfies § 5C1.2 and whose offense level is twenty-six or higher). Among other things, the-defendant must, “not later than the sentencing hearing, ... truthfully…
2Cases cited25 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Pennsylvania Department of Corrections v. YeskeySupreme Court of the United States · 1998
- United States v. DunniganSupreme Court of the United States · 1993
- United States v. WattsSupreme Court of the United States · 1997
- Winters v. New YorkSupreme Court of the United States · 1948
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3Cited by3 opinions
- Krecht v. United StatesDistrict Court, S.D. Florida · 2012
- United States v. HoneaCourt of Appeals for the Eighth Circuit · 2011
- United States v. HoneaCourt of Appeals for the Eighth Circuit · 2011