United States v. Padilla-Colón
Court of Appeals for the First Circuit
1Opinion of the Court
LIPEZ, Circuit Judge.
José Padilla-Colón (“Padilla”) was charged with one count of possession with intent to distribute 7.1 grams of cocaine base, or “crack,” in violation of 21 U.S.C. § 841(a)(1), (b)(l)(B)(iii). Pursuant to a plea agreement, Padilla pled guilty and waived his right to appeal. At sentencing the district court determined that Padilla did not qualify for the “safety valve” provision, 18 U.S.C. § 3553(f), and thus was subject to a mandatory minimum sentence of five years. On appeal, Padilla argues that the district court erred in finding that he did not meet the requirements of…
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