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U.S. v. ALVARADO-RIVERA

Nos. 03-2308, 03-2374.

386 F.3d 861 (2004)

UNITED STATES of America, Plaintiff—Appellee, v. Martha ALVARADO-RIVERA, also known as Rosa Ontiveros Aranda, Defendant—Appellant. United States of America, Plaintiff—Appellee, v. Gilberto Moya-Vega, also known as Jorge Salinas, Defendant—Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 26, 2004.

Attorney(s) appearing for the Case

Stephen V. Grigsby, argued, Minneapolis, MN (Paul Applebaum, St. Paul, MN, on the brief), for appellant Alvarado-Rivera.

Nathan P. Petterson, argued, Asst. U.S. Atty., Minneapolis, MN, for appellee U.S.

Before MURPHY, HEANEY, and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

Martha Alvarado-Rivera and Gilberto Moya-Vega each appeal the district court's denial, at sentencing, of the "safety valve" provision of 18 U.S.C. § 3553(f), which would, if applicable, mandate a sentence under the federal sentencing guidelines, without respect to any mandatory minimum sentence. Appellants each pleaded guilty to conspiracy to distribute and possess with intent to distribute 500 grams or more of a substance containing methamphetamine...

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