96 Cal. Daily Op. Serv. 4598, 96 Daily Journal D.A.R. 7402 United States of America v. Prakash Man Shrestha, Cross-Appellee

OVERVIEW

Prakash Man Shrestha, a native and citizen of Nepal, was convicted by a jury of possession and importation of heroin in violation of 21 U.S.C. §§ 841 (a)(1) and 952(a), and sentenced to a term of seventy-eight months in prison, reduced from the ten-year mandatory minimum sentence. The district court reduced Shrestha’s sentence pursuant to the “safety valve” provision of the Mandatory Minimum Sentencing Reform Act, 18 U.S.C. § 3553 (f), and U.S.S.G. § 5C1.2. The Government disputes the reduction, arguing that Shrestha was not eligible for the safety valve reduction because he did not comply with.the provision requiring him to tell all he knew about the crime. We have jurisdiction under 18 U.S.C. § 3742 , and we affirm.

FACTS AND PROCEDURAL HISTORY

Prakash Man Shrestha (“Shrestha”) was bom in 1961 in the Nepalese village of Chitlang. Prior to his arrest, he was employed as a trekker for an American company in Nepal. A trekker or “sherpa” is hired to lead tourist expeditions through the mountains, carrying loads and clearing trails for climbers. Through his income as a trekker, Shrestha supported a wife, as well as his parents and siblings, all of whom reside together in…