Submitted Under Third Circuit LAR 34.1(a) January 27, 2003.
OPINION OF THE COURT
SLOVITER, Circuit Judge.
The issue presented in this case is whether a district court has the authority under the Sentencing Guidelines to apply the safety valve to a defendant whose criminal history category of II overstated the seriousness of the defendant's prior record. This court has not previously spoken to this issue. Seven other courts of appeals have considered...
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