U.S. v. SMITH

No. 98-10271.

175 F.3d 1147 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Lee SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 1999.


Attorney(s) appearing for the Case

Fred Hill Atcheson, Reno, Nevada, for the defendant-appellant.

Daniel G. Bogden, Assistant United States Attorney, Reno, Nevada, for the plaintiff-appellee.

Before: GOODWIN and TROTT, Circuit Judges, and KING, District Judge.


TROTT, Circuit Judge:

Steven Lee Smith ("Smith") appeals from the sentence imposed on his plea of guilty to a charge of manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(B)(vii) (1994 & Supp. IV 1998). The district court held Smith was not eligible for safety valve consideration under United States Sentencing Commission, Guidelines Manual, § 5C1.2 (Nov. 1997) ("U.S.S.G."), and sentenced Smith to the statutory minimum 60...

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