United States v. Salvador Esquivel, Jr.

Good Law
89 F.3d 847·1996 WL 359538·1996 U.S. App. LEXIS 34926
United States Court of Appeals for the Ninth CircuitJune 27, 199695-50415California600 words

Opinion

Opinion

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Salvador ESQUIVEL, Jr., Defendant-Appellant. No. 95-50415. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1996. * Decided June 27, 1996. Before: WIGGINS, THOMPSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Salvador Esquivel pled guilty to importing 7.86 kilograms of methamphetamine in violation of 21 U.S.C. §§ 952 , 960. His guideline range was 108 to 135 months. However, Esquivel's crime carries a mandatory minimum sentence of 120 months. At sentencing, he argued that he was eligible for "safety-valve" relief under U.S.S.G. § 5C1.2, which, in essence, authorizes a court to sentence below the minimum where a defendant tells the government everything he knows about his offense. The court disagreed and imposed the 120-month minimum. 3 We agree with the district court and affirm. 4 Esquivel argues on appeal that he told the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.