U.S. v. PELAEZ

No. 97-5656.

196 F.3d 1203 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Alberto PELAEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 18, 1999.


Attorney(s) appearing for the Case

Jesus Alberto Pelaez, Coleman, FL, pro se.

Kathleen M. Salyer, Lisa Hirsch, Miami, FL, for Plaintiff-Appellee.

Before BLACK, HULL and MARCUS, Circuit Judges.


BLACK, Circuit Judge:

Appellant Jesus Alberto Pelaez appeals the district court's denial of his motion under 18 U.S.C. § 3582(c)(2) to modify his sentence. The sole issue on appeal is whether the district court should have reduced his sentence by applying the "safety valve" provision of 18 U.S.C. § 3553(f). We hold the district court was correct in determining as a matter of law that § 3553(f) cannot be applied...

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