U.S. v. McQUILKIN

No. 95-1127.

78 F.3d 105 (1996)

UNITED STATES of America v. John McQUILKIN, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 11, 1996.


Attorney(s) appearing for the Case

Andrew Grosso (argued), Washington, DC, for Appellant.

Emily McKillip, (argued), Office of United States Attorney, Philadelphia, Pennsylvania, for Appellee.

Before: BECKER and SCIRICA, Circuit Judges and COHILL, District Judge.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

I.

The issue on appeal is whether the "safety valve" provision in 18 U.S.C. § 3553(f) applies to 21 U.S.C. § 860, the "schoolyard" statute, so that a court may impose a sentence shorter than the statutory minimum provided in § 860.

II.

Between March and July 1994, John McQuilkin sold quantities of methamphetamine to an informant cooperating with the Drug Enforcement Agency...

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