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U.S. v. SOLIS

No. 11-30390.

675 F.3d 795 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Pablo SOLIS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 2012.

Attorney(s) appearing for the Case

William James Quinlan, Jr. , Diane Hollenshead Copes (argued), Carol Loupe Michel , Asst. U.S. Attys., New Orleans, LA, for Plaintiff-Appellant.

Catherine Irvin Chavarri (argued), (Court-Appointed), Stephenson, Chavarri & Lambert, L.L.C., for Defendant-Appellee.

Before BENAVIDES, STEWART and GRAVES, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The Government appeals the district court's sentence of Pablo Solis below the mandatory minimum sentence for his offense pursuant to the safety valve. As we conclude that Solis is ineligible for the safety valve, we REVERSE.

I.

On November 18, 2010, Solis pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute five kilograms or more of cocaine hydrochloride. The factual basis...

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