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U.S. v. PADILLA-COLÓN

No. 07-2372.

578 F.3d 23 (2009)

UNITED STATES of America, Appellee, v. José PADILLA-COLÓN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 31, 2009.

Attorney(s) appearing for the Case

Hector L. Ramos-Vega, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, was on brief, for appellant.

Nelson Pérez-Sosa, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, was on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and DiCLERICO, District Judge.

LIPEZ, Circuit Judge.

José Padilla-Colón ("Padilla") was charged with one count of possession with intent to distribute 7.1 grams of cocaine base, or "crack," in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). Pursuant to a plea agreement, Padilla pled guilty and waived his right to appeal. At sentencing the district court determined that Padilla did not qualify for the "safety valve" provision, 18 U.S.C...

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