United States v. May, No. 13-2799 (7th Cir. 2014)
Annotate this CaseMay and Collier sold crack cocaine to an FBI informant three times. For each sale, May and the informant discussed quantity and price and May told the informant to pick up the cocaine at Collier’s house. May instructed Collier to accept payment and waited outside until each sale was complete. Collier turned the money over to May, who gave Collier a share but kept a larger portion for himself. May pleaded guilty to conspiracy to possess with intent to distribute crack cocaine, 21 U.S.C. 841(a)(1), 846. The plea agreement noted that May satisfied four of five requirements for safety-valve relief under 18 U.S.C. 3553(f), but noted the parties’ disagreement over whether May was an “organizer, leader, manager, or supervisor,” eligible for a two-level adjustment under U.S.S.G. 3B1.1. The probation officer argued for the safety-valve reduction, so that May would not be subject to the 10-year statutory minimum, 21 U.S.C. 841(b)(1)(A). The district court found that May held a supervisory role in the offense and applied the adjustment, holding that May did not qualify for the safety-valve provision. The Seventh Circuit affirmed, finding that May was a supervisor and rejecting an argument that the safety valve remains available to a defendant who supervised only one person.
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