USA v. Palomares, No. 21-40247 (5th Cir. 2022)
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Defendant pleaded guilty to possession with intent to distribute one kilogram or more of a mixture or substance containing a detectable amount of heroin. This offense carries a 10-year mandatory minimum sentence, with a maximum sentence of life imprisonment. The Presentence Investigation Report (PSR) calculated the advisory imprisonment range as 135 to 168 months, or if Defendant received a three-point reduction for acceptance of responsibility, 97 to 121 months. But because of the mandatory minimum, the PSR elevated its calculated guideline range to 120 to 121 months. Palomares objected to the PSR, arguing that she was eligible for relief under the safety valve. In particular, she argued that a plain reading of Section 3553(f)(1) only requires mandatory minimum sentences for defendants whose history meets all three disqualifying criteria listed in subsections (A)– (C)—not just one. And because only one of the disqualifying criteria applied to her, she argued that she was eligible for relief.
The Fifth Circuit affirmed the district court’s ruling. The court held to be eligible for safety valve relief, a defendant must show that she does not have more than 4 criminal history points, does not have a 3-point offense, and does not have a 2-point violent offense. Because Defendant had a previous 3-point offense, she is ineligible for safety valve relief. The court held that the phrase “does not have” independently applies to each subsection in 18 U.S.C. Section 3553(f)(1), rendering criminal defendants ineligible for safety valve relief if they run afoul of any one of its requirements
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