U.S. v. FLANAGAN

No. 95-20468.

80 F.3d 143 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. George Woodrow FLANAGAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 29, 1996.


Attorney(s) appearing for the Case

Paula Camille Offenhauser, Gaynelle Griffin Jones, James L. Powers, U.S. Attorney's Office, Houston, TX, for plaintiff-appellant.

Thomas J. Bevans, Houston, TX, Joseph M. Rumbaut, Houston, TX, Eduardo Peter Sillas, Houston, TX, for defendant-appellee.

Before KING, WIENER and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

This sentencing guidelines appeal comes to us after remand. The Government appeals the district court's application of the "safety valve" statute, 18 U.S.C. § 3553(f), which allows a court to impose a sentence below the statutory minimum sentence if the court finds that the defendant has met certain enumerated requirements. Concluding that the district court erroneously placed the burden on the Government in regard to the fifth requirement...

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