U.S. v. PLUNKETT

No. 96-3140.

125 F.3d 873 (1997)

UNITED STATES of America, Appellee, v. Hugh O. PLUNKETT, a/k/a Dennis Ivan Hunter, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 3, 1997


Attorney(s) appearing for the Case

Beverly G. Dyer, Assistant Federal Public Defender, Washington, DC, argued the cause for appellant, with whom A.J. Kramer, Federal Public Defender, was on the briefs. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.

Carmen R. Kelley, Assistant U.S. Attorney, Washington, DC, argued the cause for appellee, with whom Eric H. Holder, Jr., U.S. Attorney at the time the brief was filed, John R. Fisher, Roy W. McLeese, III, and Nancy Page, Assistant U.S. Attorneys, were on the briefs.

Before: SILBERMAN, ROGERS and TATEL, Circuit Judges.


Opinion for the court filed PER CURIAM.

PER CURIAM:

The Sentencing Guideline commonly known as the "safety valve" limits the applicability of statutory minimum sentences in certain cases. U.S. SENTENCING GUIDELINES MANUAL § 5C1.2 (1995) [hereinafter U.S.S.G.]. A defendant who qualifies for the safety valve also receives a two-level reduction in offense level under U.S.S.G. § 2D1.1(b)(4). To qualify, a defendant must overcome five hurdles, one of...

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