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U.S. v. DeJESUS-GAUL

No. 95-3045.

73 F.3d 395 (1996)

UNITED STATES of America, Appellee v. Carlos DeJESUS-GAUL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 1996.

Attorney(s) appearing for the Case

Carmen D. Hernandez, Assistant Federal Public Defender, Washington, DC, argued the cause, for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender.

Geoffrey Bestor, Assistant United States Attorney, Washington, DC, argued the cause, for appellee. With him on the brief were Eric H. Holder, Jr., United States Attorney, John R. Fisher and Thomas J. Tourish, Jr., Assistant United States Attorneys.

Before: SILBERMAN, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

With respect to certain statutory minimum sentences, 18 U.S.C. § 3553(f), and its guideline equivalent, U.S.S.G. § 5C1.2, provide that the sentencing court "shall" disregard the mandatory minimum and impose a sentence within the guideline range if the court makes five specified findings favorable to the defendant. The question is whether, in sentencing DeJesus-Gaul, the...

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