Hernandez-Castro

United States v. Hernandez-Castro

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 11, 200706-10074California1,670 words

Opinion

Opinion

McKeown, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-10074 Plaintiff-Appellee, v.  D.C. No.

CR-04-00460-LDG

ESTEBAN HERNANDEZ-CASTRO,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding

Argued and Submitted November 14, 2006—San Francisco, California

Filed January 12, 2007

Before: A. Wallace Tashima and M. Margaret McKeown, Circuit Judges, and David O. Carter,* District Judge.

Opinion by Judge McKeown

*The Honorable David O. Carter, United States District Judge for the Central District of California, sitting by designation. COUNSEL

Rene L. Valladares, Assistant Federal Public Defender (argued), Arthur L. Allen, Assistant Federal Public Defender, Las Vegas, Nevada, for the appellant.

Ray Gattinella, Assistant United States Attorney, Las Vegas, Nevada, for the appellee.

OPINION

McKEOWN, Circuit Judge:

Under 18 U.S.C. § 3553(f), known as the “safety valve” provision, a defendant may be sentenced below the applicable statutory minimum if certain…

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