U.S. v. MARTINEZ-CRUZ

No. 12-3050.

736 F.3d 999 (2013)

UNITED STATES of America, Appellee v. Alfonso MARTINEZ-CRUZ, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 2013.


Attorney(s) appearing for the Case

Richard K. Gilbert , appointed by the court, argued the cause and filed the briefs for appellant.

Nicholas P. Coleman , Assistant U.S. Attorney, argued the cause for appellee. With him on the briefs were Ronald C. Machen Jr. , U.S. Attorney, and Elizabeth Trosman , Assistant U.S. Attorney.

Dissenting opinion filed by Circuit Judge KAVANAUGH.


WILLIAMS, Senior Circuit Judge:

The defendant, Alfonso Martinez-Cruz, pleaded guilty to a single count of conspiracy to distribute methamphetamine. At sentencing, he sought to qualify for 18 U.S.C. § 3553(f)'s "safety valve," and in fact met all but one criterion, the statute's requirement that his criminal history score under the Sentencing Guidelines be no more than one point. 18 U.S.C. § 3553(f)(1). Had he met this last criterion, the Sentencing Guidelines...

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