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U.S. v. LOPEZ

No. 00-20506.

264 F.3d 527 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Fausto Dozal LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 29, 2001.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty. (argued), Houston, TX, for Plaintiff-Appellee.

David Benjamin Gerger (argued), Mike J. DeGeurin, Foreman, DeGeurin, Nugent & Gerger, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM and BENAVIDES, Circuit Judges, and DUPLANTIER, District Judge.

BENAVIDES, Circuit Judge:

Fausto Dozal Lopez (Lopez) pleaded guilty to various drug trafficking and money laundering offenses. He now appeals his sentence, arguing that the district court erred in concluding that the "safety valve" provisions in the sentencing guidelines prohibited a sentence below the statutory minimum. See U.S.S.G. §§ 5C1.2 and 2D1.1(b)(6). Because the safety valve guideline expressly allows a sentence "without regard to any statutory...

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