United States v. Carillo-Ayala, No. 11-14473 (11th Cir. 2013)
Annotate this CaseDefendant pled guilty to one count of conspiring to possess with intent to distribute a substance containing at least five grams of methamphetamine and one count of being an illegal alien in possession of a firearm. The court held that not all defendants who received the enhancement under U.S.S.G. 2D1.1(b)(1) were precluded from relief under subsection (a)(2) of the safety valve. Under U.S.S.G. 5C1.2(a)(2), a defendant possesses a firearm in connection with a drug offense if the firearm is in proximity to drugs or if the firearm facilitates the drug offense. Under the facts of this case, the district court correctly denied defendant relief under the safety-valve where defendant did not fall in a narrow class of defendants who were the least culpable participating in drug offenses.
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