IN RE SEALED CASE

No. 95-3206.

105 F.3d 1460 (1997)

In re SEALED CASE (SENTENCING GUIDELINES' "SAFETY VALVE").

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1997.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Relying on the Federal Sentencing Guidelines' "safety valve" provision, appellant sought a departure from the mandatory minimum sentence for the drug trafficking offense to which he had pled guilty. The district court refused to apply the safety valve because it found, based on either co-conspirator liability or constructive possession, that appellant had possessed a firearm in connection...

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