United States v. Cervantes, No. 18-2218 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possession with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The court held that the district court's determination that defendant had not been complete and truthful in his safety-valve interview was not clearly erroneous. In this case, while the district court did not rely heavily on some of the minor inconsistencies between the interviews, it did emphasize some of the more significant aspects of defendant's changing stories. Therefore, the district court did not clearly err by denying safety valve relief.
Court Description: Shepherd, Author, with Colloton and Melloy, Circuit Judges] Criminal case - Sentencing. The district court did not clearly err in denying defendant's request for safety-valve sentencing based on its determination that defendant had not been complete and truthful in his safety-valve interview.
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