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U.S. v. GOMEZ

No. 06-30288.

472 F.3d 671 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Alan GOMEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2006.

Attorney(s) appearing for the Case

George P. Trejo, Jr., The Trejo Law Firm, Yakima, WA, for the defendant-appellant.

Russell E. Smoot, Assistant U.S. Attorney, Spokane, WA, for the plaintiff-appellee.

Before: B. FLETCHER, GRABER, and M. McKEOWN, Circuit Judges.

GRABER, Circuit Judge:

Defendant Alan Gomez appeals his 60-month sentence for conspiracy to distribute 500 grams or more of a mixture containing a detectable amount of cocaine. The mandatory minimum sentence for that offense is 60 months' imprisonment. Defendant did not qualify for the statutory "safety valve" that would have lifted the mandatory-minimum sentence-he had three criminal history points, but the statute disqualifies defendants who have more than one point...

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