Brinton
United States v. Brinton
Opinion
Lead Opinion
Nelson, J.
Brett Brinton appeals and the United States cross-appeals Brinton’s sentence for several methamphetamine-related convictions. Brinton challenges the district court’s ruling that it could not reduce his sentence under U.S.S.G. § 5C1.2 (the “safety valve provision”) because the court was foreclosed by the jury verdict from reconsidering the amount of drugs involved. The United States challenges the district court’s thirty-month downward departure from the sentencing guidelines range for Brinton’s offense level, based on Brinton’s incarceration in state and local facilities.
Because the district court erred with respect to several aspects of Brinton’s sentence, the sentence is vacated, and the ease is remanded to the district court for resentenc-ing consistent with this opinion.
I.
In February 1989, Brett Brinton and his brother, William, contacted the RSA Corporation of New York, seeking advice on how to improve their production rates of a chemical known as desoxyn. RSA initially agreed to help, but upon discovering that desoxyn was another term for methamphetamine, they wisely declined further assistance. The Brintons, however, were not deterred.