USA V. JERMAINE MCCLELLAND, No. 13-50082 (9th Cir. 2014)
Annotate this Case
Download PDF
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAY 21 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, Plaintiff - Appellant, No. 13-50082 D.C. No. 2:12-cr-00872-R-1 v. MEMORANDUM* JERMAINE EARL MCCLELLAND, AKA Baby Mont, AKA Monty, Defendant - Appellee. Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding Submitted May 15, 2014** Pasadena, California Before: KOZINSKI, Chief Judge, WARDLAW and FISHER, Circuit Judges. The district court lacked authority to impose a sentence below the mandatory minimum. See United States v. Wipf, 620 F.3d 1168, 1170 71 (9th Cir. 2010). * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). page 2 Because McClelland had three criminal history points, he was ineligible for safety valve relief. See 18 U.S.C. § 3553(f). Whether the district court believed that McClelland s criminal history category substantially over-represented the seriousness of his criminal history is irrelevant because district courts have no authority to adjust criminal history points for the purpose of determining eligibility for safety valve relief under 18 U.S.C. § 3553(f)(1). United States v. HernandezCastro, 473 F.3d 1004, 1008 (9th Cir. 2007). We therefore vacate the sentence and remand for resentencing. VACATED AND REMANDED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
