United States v. Lima-Rivero, No. 19-10759 (5th Cir. 2020)
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Defendant appealed his 180 month sentence for conspiracy to possess methamphetamine with intent to distribute. The Fifth Circuit held that the district court did not clearly err by applying the reckless engagement sentencing enhancement pursuant to USSG 3C1.2.
However, the court held that the district court clearly erred in refusing to grant a safety valve reduction. In this case, the district court misapprehended the legal standard by being under the impression that it lacked discretion to apply the reduction if the government was not satisfied that defendant met the requirements for safety valve relief. Rather, the question of whether defendant had satisfied 18 U.S.C. 3553(f)(5) is one for the district court. Even if the district court had applied the proper legal standard, the court held that the district court erred in its determination that defendant did not provide truthful information based on a case agent's mere speculation.
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