UNITED STATES v. LOPEZ

No. 19-50305.

998 F.3d 431 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Eric LOPEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2021.


Attorney(s) appearing for the Case

Daniel E. Zipp (argued), Assistant United States Attorney, Chief, Appellate Section, Criminal Division; Robert S. Brewer , United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellant.

Michael Marks (argued), Federal Defenders of San Diego, Inc., San Diego, California, for Defendant-Appellee.

Partial Concurrence and Partial Dissent by Judge Milan D. Smith Jr.


OPINION

Title 18 U.S.C. § 3553(f), commonly called the "safety valve," allows a district court to sentence a criminal defendant below the mandatory-minimum sentence for certain drug offenses if the defendant meets the criteria in § 3553(f)(1) through (f)(5). In 2018, Congress amended one of the safety...

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