U.S. v. OWENSBY

No. 99-2009.

188 F.3d 1244 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Ted OWENSBY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 27, 1999.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Francisco Mario Ortiz, Las Cruces, New Mexico, for Defendant-Appellant.

John J. Kelly, United States Attorney, and Peter M. Ossorio, Supervisory Assistant United States Attorney, Las Cruces, New Mexico, for Plaintiff-Appellee.

Before BRORBY, EBEL and LUCERO, Circuit Judges.


EBEL, Circuit Judge.

This appeal presents us with the issue of whether a sentencing court's departure to a lower criminal history category under U.S.S.G. § 4A1.3 may render a defendant eligible for the "safety valve" exception under 18 U.S.C. § 3553(f)(1) and U.S.S.G. § 5C1.2(1) to an otherwise mandatory minimum sentence. We join six other circuits in concluding that it may not.

FACTS

On March 3, 1998, defendant-appellant Donald Ted...

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