U.S. v. KAKATIN

No. 99-10361.

214 F.3d 1049 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Tirso KAKATIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2000


Attorney(s) appearing for the Case

Alexander Silvert, First Assistant Federal Defender, Honolulu, Hawaii, for the defendant-appellant.

Craig H. Nakamura, Assistant United States Attorney, Honolulu, Hawaii, for the plaintiff-appellee.

Before: WOOD, Jr., KLEINFELD, and GRABER, Circuit Judges.


GRABER, Circuit Judge:

In this case, we must answer the question whether the "safety valve" provision of 18 U.S.C. § 3553(f) applies to a conviction under 21 U.S.C. § 860. Like the Third and Eleventh Circuits, we answer "no."

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On February 11, 1999, Defendant, Tirso Kakatin, was indicted and charged with one count of possessing with the intent to distribute, and distributing, crystal methamphetamine...

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