United States v. Harrison Walcott Smith, Aka: Harrison W. Smith Aka: Harrison Smith

83 F.3d 430 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Harrison Walcott SMITH, aka: Harrison W. Smith; aka: Harrison Smith, Defendant-Appellant. No. 95-50218. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1996. * Decided April 26, 1996. 1 Before: O'SCANNLAIN and TROTT, Circuit Judges, and VAN SICKLE, District Judge. ** 2 MEMORANDUM *** 3 Harrison Walcott Smith appeals from his 120-month sentence for distribution of 123.2 grams of cocaine base in violation of 21 U.S.C. § 841 (a)(1). He argues that the district court improperly refused to apply the safety-valve provision of U.S.S.G. § 5C1.2 (authorized by 18 U.S.C. § 3553 (f)(1)-(5)) which, if applied, would have required the court to ignore the mandatory minimum statutory sentence of 120 months and instead to sentence Smith in a Guideline range of 87 to 108 months. We disagree with Smith's contention and affirm. 1 4 To gain…