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U.S. v. PENN

No. 00-6314.

282 F.3d 879 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Angelo PENN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 13, 2002.

Attorney(s) appearing for the Case

David Bunning (argued and briefed), Assistant United States Attorney, Covington, KY, Charles P. Wisdom, Jr. (argued), Assistant United States Attorney, Lexington, KY, for Appellant.

Lucian J. Bernard (argued and briefed), Pearson & Bernard, Covington, KY, for Appellee.

Before BOGGS and MOORE, Circuit Judges; RUSSELL, District Judge.

OPINION

MOORE, Circuit Judge.

Defendant Anglo Penn pleaded guilty to possession of 1.12 kilograms of cocaine with intent to distribute, which carries a statutory mandatory minimum sentence of five years. At sentencing, the district court found that Penn was eligible for a reduced sentence pursuant to the "safety valve" provision of 18 U.S.C. § 3553(f) and § 5C1.2 of the United States Sentencing Guidelines ("U.S.S.G."), which authorizes a district...

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