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U.S. v. HUNT

No. 06-2294.

503 F.3d 34 (2007)

UNITED STATES of America, Appellee, v. Robert HUNT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 17, 2007.

Attorney(s) appearing for the Case

Matthew Kamholtz, for appellant.

James F. Lang, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before TORRUELLA, Circuit Judge, LIPEZ, Circuit Judge, and TASHIMA, Senior Circuit Judge.

TASHIMA, Senior Circuit Judge.

Robert Hunt appeals the ten-year mandatory minimum sentence imposed following his plea of guilty to possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). Hunt contends that his sentence should be vacated because the district court erroneously believed it lacked discretion to qualify Hunt for the safety valve provision, 18 U.S.C. § 3553(f), by lowering Hunt's criminal...

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