Legal Opinion

United States v. Pelaez

Court of Appeals for the Eleventh Circuit

Decided November 18, 1999No. 97-5656PublishedCited by 11 opinions

1Opinion of the Court

BLACK, Circuit Judge:

Appellant Jesus Alberto Pelaez appeals the district court’s denial of his motion under 18 U.S.C. § 3582(c)(2) to modify his sentence. The sole issue on appeal is whether the district court should have reduced his sentence by applying the “safety valve” provision of 18 U.S.C. § 3553(f). We hold the district court was correct in determining as a matter of law that § 3553(f) cannot be applied to Appellant’s sentence because the final judgment of the district court was entered before the effective date of the provision.

I. BACKGROUND

On March 3, 1994, Appellant was convicted by…

2Cases cited6 opinions

  1. United States v. MorilloCourt of Appeals for the First Circuit · 1993
  2. United States v. Larry C. HavenerCourt of Appeals for the First Circuit · 1990
  3. United States v. Kelly Ann ClarkCourt of Appeals for the Sixth Circuit · 1997
  4. United States v. BushCourt of Appeals for the Eleventh Circuit · 1997
  5. United States v. YostCourt of Appeals for the Eleventh Circuit · 1999

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States v. Thomas Dewayne WhiteCourt of Appeals for the Eleventh Circuit · 2002
  2. United States v. SmithCourt of Appeals for the Eleventh Circuit · 2009
  3. United States v. NguyenCourt of Appeals for the Eleventh Circuit · 2001
  4. United States v. De Andre SmithCourt of Appeals for the Eleventh Circuit · 2020
  5. United States v. Keith YoungCourt of Appeals for the D.C. Circuit · 2019

6 more not listed; retrieve them via the Exa API.

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