United States v. Yepez; United States v. Acosta-Montes, No. 09-50271 (9th Cir. 2011)
Annotate this CaseEach of the defendants in these consolidated appeals sought safety-valve relief where they were serving a state probationary sentence when they committed and pleaded guilty to the charge of smuggling methamphetamine into the United States. At issue was whether, given the California state courts' wide latitude to modify ongoing probationary terms under California state law, the federal district courts in calculating criminal history points for purposes of safety valve eligibility must credit state orders terminating probationary sentences. The court held that, in applying the sentencing safety valve, federal courts must credit the California state orders under the California Penal Code 1203.3 modifying or terminating ongoing probationary terms. Accordingly, the court affirmed Audenago Acosta-Montes's sentence and vacated David Yepez's sentence and remanded Yepez's case for resentencing.
The court issued a subsequent related opinion or order on March 1, 2012.
The court issued a subsequent related opinion or order on December 20, 2012.
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