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U.S. v. MARQUEZ

No. 01-1910.

280 F.3d 19 (2002)

UNITED STATES of America, Appellee, v. Nelson MARQUEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 12, 2002.

Attorney(s) appearing for the Case

Lenore Glaser and Stern, Shapiro, Weissberg & Garin on brief for appellant.

Michael J. Sullivan, United States Attorney, and David Hennessy, Assistant United States Attorney, on brief for appellee.

Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires us to examine the so-called "safety valve," 18 U.S.C. § 3553(f) — a device through which a court may sentence a defendant without regard to an otherwise-applicable statutory mandatory minimum, provided that the defendant meets certain criteria. After perscrutation of the parties' briefs and the record, we conclude that the sentencing court's refusal to apply the safety...

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