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U.S. v. BRINTON

Nos. 96-50173, 96-50258.

139 F.3d 718 (1998)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Brett Alan BRINTON, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1998.

Attorney(s) appearing for the Case

Michael D. Abzug and Denise Meyer, Los Angeles, California, for defendant-appellant.

Thomas D. Warren, Miriam A. Krinsky, and Peter Spivak, U.S. Atty's, Los Angeles, California, for plaintiff-appellee.

Before: HALL and T.G. NELSON, Circuit Judges, and WINMILL, District Judge.

T.G. NELSON, Circuit Judge:

Brett Brinton appeals and the United States cross-appeals Brinton's sentence for several methamphetamine-related convictions. Brinton challenges the district court's ruling that it could not reduce his sentence under U.S.S.G. § 5C1.2 (the "safety valve provision") because the court was foreclosed by the jury verdict from reconsidering the amount of drugs involved. The United States challenges the district court's thirty-month downward...

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