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U.S. v. MONTES

No. 03-3934.

381 F.3d 631 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Luis MONTES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2004.

Attorney(s) appearing for the Case

Manish Shah (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Patrick A. Tuite (argued), Arnstein & Lehr, Chicago, IL, for Defendant-Appellant.

Before COFFEY, RIPPLE and WILLIAMS, Circuit Judges.

RIPPLE, Circuit Judge.

Luis Montes pleaded guilty to possessing with intent to distribute more than five kilograms of cocaine. See 21 U.S.C. § 841(a)(1). The district court sentenced him to 120 months' imprisonment, the statutory minimum under § 841(b)(1)(A), and to five years' supervised release. Mr. Montes appeals his sentence. He submits that the court should have granted him relief from the statutory minimum sentence under the "safety valve" provision...

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