U.S. v. NELSON

No. 99-10127.

222 F.3d 545 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Steven George NELSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2000


Attorney(s) appearing for the Case

Franny A. Forsman, Federal Public Defender, and Paul G. Turner, Assistant Federal Public Defender, Las Vegas, NV, for appellant.

Kathryn Landreth, United States Attorney, Joseph Sullivan, Assistant United States Attorney, and Pamela A. Greiman, Assistant United States Attorney, Las Vegas, NV, for appellee.

Before: BRIGHT, PREGERSON, and FLETCHER, Circuit Judges.


BRIGHT, Circuit Judge:

Steven George Nelson ("Nelson") pleaded guilty to one count of possession of marijuana with intent to manufacture. At sentencing, the district court enhanced Nelson's sentence under U.S.S.G. § 2D1.1(b)(1), for possession of a dangerous weapon and, after so doing, concluded that U.S.S.G. § 5C1.2—the so-called "safety valve" provision—was inapplicable because it was not "clearly improbable" that guns seized from Nelson...

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