United States v. Solis

Defendant pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute five kilograms or more of cocaine hydrochloride. The Government subsequently appealed the district court's sentence of defendant below the mandatory minimum sentence for his offense pursuant to the safety valve. The court concluded that the 2002 Edition of the Guidelines Manual was not ambiguous with respect to whether departures pursuant to section 4A1.3 were to be considered when evaluating safety valve eligibility. The court also concluded that the 2002 Edition of the Guidelines Manual did not permit district courts to consider departures pursuant to section 4A1.3 when evaluating a defendant's safety valve eligibility. As the applicable guidelines were ambiguous, the rule of lenity did not apply. Accordingly, the court reversed the judgment, vacated the sentence, and remanded for resentencing. View "United States v. Solis" on Justia Law