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United States v. Rodriguez-Ferreira

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Before Lipez, Circuit Judge, Selya, Senior Circuit Judge, and Howard, Circuit Judge.

Pursuant to a written plea agreement, Juan C. Rodriguez-Ferreira (Rodriguez) pleaded guilty to a two count indictment for conspiring to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846, and to possession with intent to distribute approximately thirty kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A). The agreement stipulated various sentencing base level reductions so long as Rodriguez met all the safety valve requirements under the sentencing guidelines. See U.S.S.G. § 5C1.2(a). At the change of plea hearing Rodriguez was informed, and he acknowledged, that he could not be sentenced below the mandatory minimum sentence of 120 months unless he satisfied the five requirements of § 5C1.2(a).

It is uncontested that Rodriguez satisfied four of the five safety valve requirements. The government contends, and the district court agreed, that Rodriguez did not fulfill the fifth requirement under 5C1.2(a), and thus Rodriguez did not fulfill his obligations under the plea agreement. The court imposed a 120 months’ sentence on July 15, 2003. Rodriguez appeals, raising “the lone question of whether the district court incorrectly determined that Rodriguez [] did not satisfy each of the factors under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, the ‘safety valve.’”

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