UNITED STATES v. PALOMARES

No. 21-40247.

52 F.4th 640 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Nonami PALOMARES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 2, 2022.


Attorney(s) appearing for the Case

Francesco Valentini , U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Scott Andrew Martin , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before Jolly, Willett, and Oldham, Circuit Judges.


The district court sentenced appellant Nonami Palomares to a 120-month "mandatory minimum" sentence for smuggling heroin. She argues the district court erred because 18 U.S.C. § 3553(f), more commonly referred to as the First Step Act's "safety valve" provision, exempts drug offenders like Palomares, with sufficiently...

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