Legal Opinion
In Re Sealed Case (Sentencing Guidelines' "Safety Valve")
Court of Appeals for the D.C. Circuit
Decided February 7, 1997No. 95-3206PublishedCited by 57 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge:
Relying on the Federal Sentencing Guidelines’ “safety valve” provision, appellant sought a departure from the mandatory minimum sentence for the drug trafficking offense to which he had pled guilty. The district court refused to apply the safety valve because it found, based on either co-conspirator liability or constructive possession, that appellant had possessed a firearm in connection with the offense. Holding that co-conspirator liability cannot establish possession under the safety valve and concluding that the…
2Cases cited20 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- United States v. Bobby StatenCourt of Appeals for the D.C. Circuit · 1978
- United States v. PardoCourt of Appeals for the D.C. Circuit · 1980
15 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Jeffery Harris v. United StatesCourt of Appeals for the Seventh Circuit · 2004
- United States v. Mathis, Eddie J.Court of Appeals for the D.C. Circuit · 2000
- United States v. Jeffrey HarrisCourt of Appeals for the Seventh Circuit · 2000
- United States v. McLeanCourt of Appeals for the First Circuit · 2005
- United States v. Arturo Carillo-AyalaCourt of Appeals for the Eleventh Circuit · 2013
52 more not listed; retrieve them via the Exa API.