United States v. Bui, No. 11-2584 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to possession with intent to distribute 100 kilograms or more of marijuana. The plea agreement recited that Defendant was subject to a mandatory minimum sentence of five years in prison but that he could be eligible for a safety valve reduction upon the condition that he truthfully provide to the government all information he had concerning the offense. At sentencing, the district court concluded the safety value reduction did not apply and imposed a sixty-month sentence. The Eighth Circuit Court of Appeals affirmed, holding that because Defendant did not provide the government truthful information and evidence about the relevant crimes before sentencing, the court had no choice but to deny a safety valve reduction.
Court Description: Criminal case - sentence. In challenge to the denial of safety-valve relief, the district court did not abdicate its safety-valve responsibilities and defendant made no proffer. Any claim of ineffective assistance of counsel may be considered in post-conviction proceeding.
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