UNITED STATES of America, Plaintiff-Appellee, v. Yvonne N. AJUGWO, Defendant-Appellant

OVERVIEW

Yvonne Ajugwo appeals her sentence imposed following her guilty plea to conspiracy to import heroin in violation of 21 U.S.C. § 963 on the grounds that the Government breached the plea agreement when it contested the applicability of U.S.S.G. § 5C1.2(5), the safety valve provision. We have jurisdiction under 18 U.S.C. § 3742 (a), and we affirm.

SAFETY VALVE PROVISION

Before we go into the facts and history of this case, we will discuss the Mandatory Minimum Sentencing Reform Act (“MMSRA”), 18 U.S.C. § 3553 (f), also known as the “safety valve” provision. Section 3553(f) appears in the sentencing guidelines at § 5C1.2.

Until Congress passed the MMSRA, defendants convicted of certain drug crimes could receive a sentence below the statutory minimum only on the Government’s motion to depart downward based on a defendant’s substantial assistance to the authorities. See 18 U.S.C. § 3553 (e). Congress enacted § 3553(f) to rectify an inequity in this system, whereby more culpable defendants who could provide the Government with new or useful information about drug sources fared better under § 3553(e) than lower-level offenders, such as mides, who typically have less…