No. 21-4605.

60 F.4th 230 (2023)

UNITED STATES of America, Plaintiff-Appellant, v. Cassity Danielle JONES, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 21, 2023.

Attorney(s) appearing for the Case

ARGUED: Amy Elizabeth Ray , OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellant. Joshua B. Carpenter , FEDERAL PUBLIC DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellee. ON BRIEF: Dena J. King , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellant. John G. Baker , Federal Public Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Diaz and Judge Harris joined.

The safety valve provision found in the First Step Act allows a district court to impose a sentence without regard to a mandatory minimum if certain criteria are met. Relevant here, the court must find that the defendant "does not have ... more than 4 criminal history points, ... a...

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