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U.S. v. WASHMAN

No. 96-10050.

128 F.3d 1305 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Bob Jack WASHMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit

Decided October 24, 1997.

Attorney(s) appearing for the Case

Jerry R. Albert, Assistant United States Attorney, Tucson, Arizona, for plaintiff-appellee.

Judith N. Rosenberg, Assistant Federal Public Defender, Tucson, Arizona, for defendant-appellant.

Before: NORRIS and KOZINSKI, Circuit Judges, and MOLLOY, District Judge.

MOLLOY, District Judge.

Appellant Bob Jack Washman (Washman) appeals the sentence imposed on him by the district court and seeks remand for resentencing. In particular, Washman objects to Judge Browning's finding that he is ineligible for a sentence reduction below the mandatory minimum guidelines sentence pursuant to the "safety valve" provision of 18 U.S.C. § 3553.

FACTS

Washman was indicted on April 20, 1994 on one charge of possession with...

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