U.S. v. CARILLO-AYALA

No. 11-14473.

713 F.3d 82 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Arturo CARILLO-AYALA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 22, 2013.


Attorney(s) appearing for the Case

Stephanie Gabay-Smith , Suzette A. Smikle , Christopher Conrad Bly , Dahil Dueno Goss , Lawrence R. Sommerfeld , Sally Yates, U.S. Attys., Atlanta, GA, for Plaintiff-Appellee.

Michael H. Saul (Court-Appointed), Marietta, GA, for Defendant-Appellant.

Before TJOFLAT and COX, Circuit Judges, and MOLLOY, District Judge.


MOLLOY, District Judge:

This case presents an issue of first impression in this Court concerning the "safety valve," but one the trial judge noted is an all too frequent conundrum for a sentencing judge. When a defendant stands convicted of a drug offense carrying mandatory minimum terms of imprisonment and supervised release, the sentencing judge may impose a sentence below the otherwise mandatory minimum terms if the defendant meets five criteria. 18 U.S.C. §...

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