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Home / Opinion Digests / Criminal Law / Sentencing Court Erred on ‘Safety Valve’ (access required)

Sentencing Court Erred on ‘Safety Valve’ (access required)

A Newport News U.S. District Court says it committed clear error at an earlier sentencing, and that a drug defendant who otherwise qualified for the “safety valve” provision of 18 U.S.C. § 3553(f), need not be sentenced to a mandatory minimum sentence just because his guideline range exceeded the mandatory minimum. The offense conduct defendant admitted ...