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U.S. v. POYATO

No. 05-13135 Non-Argument Calendar.

454 F.3d 1295 (2006)

UNITED STATES of America, Defendant-Appellant, v. Fernando POYATO, Plaintiff-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 10, 2006.

Attorney(s) appearing for the Case

Randall Dana Katz, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for Defendant-Appellant.

Hugo A. Rodriguez (Court-Appointed), Miami Beach, FL, for Plaintiff-Appellee.

Before TJOFLAT, ANDERSON and WILSON, Circuit Judges.

PER CURIAM:

The Government appeals Fernando Poyato's 36-month sentence for conspiracy to possess with intent to distribute and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 846, and maintaining a marijuana grow house, in violation of 21 U.S.C. § 856(a)(1). The relevant convictions carried a minimum mandatory sentence of 5 years. However, the district court applied the safety valve, U.S.S.G. § 5C1.2, and...

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