Legal Opinion

United States v. Daniels

District Court, M.D. Alabama

Decided November 7, 2017No. CRIMINAL ACTION NO. 2:17cr117–MHTPublished

1Opinion of the Court

Myron H. Thompson, UNITED STATES DISTRICT JUDGE

Defendant Reginald Tracy Daniels was before the court for sentencing. The question presented was whether a sentencing court had the authority to vary downward under 18 U.S.C. § 3553(a)1 when a defendant had received the safety-valve reduction under 18 U.S.C. § 3553(f)(1)-(5).2 The court concluded that it had the authority, but, in the exercise of discretion, declined to do so here. This opinion explains why.

Daniels pled guilty, pursuant to a Rule 11(c)(1)(A) and (B) plea agreement, to one count of aiding and abetting the attempt to possess with…

2Cases cited4 opinions

  1. United States v. Ceferino AponteCourt of Appeals for the Eleventh Circuit · 1994
  2. United States v. Francis QuiranteCourt of Appeals for the Eleventh Circuit · 2007
  3. United States v. Derrick Dante ClarkCourt of Appeals for the Eleventh Circuit · 2008
  4. United States v. Travis BodenhammerCourt of Appeals for the Eleventh Circuit · 2009

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