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U.S. v. AIDOO

No. 10-4752.

670 F.3d 600 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Frank AIDOO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 29, 2012.

Attorney(s) appearing for the Case

ARGUED: Brendan Abell Hurson , Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Mushtaq Zakir Gunja , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Robert R. Harding , Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge KEENAN joined. Judge GREGORY wrote a dissenting opinion.

OPINION

TRAXLER, Chief Judge:

Frank Aidoo pleaded guilty to unlawful importation of heroin in violation of 21 U.S.C. § 952(a). At sentencing, the district court concluded that Aidoo had not been truthful and therefore was not eligible for sentencing under the "safety valve" exception to the otherwise-applicable statutory minimum sentence. See 18 U.S.C. § 3553(f); U.S.S.G. § 5C1.2(a). The court sentenced Aidoo to 60 months' imprisonment...

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