United States v. Rodney Renfro Fowler, and William Claiborne Yarbrough

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Rodney Renfro FOWLER, Defendant-Appellee and William Claiborne Yarbrough, Defendant-Appellee. Nos. 95-10272, 95-10312. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1996. Decided July 8, 1996. Before: HUG, Chief Judge, SCHROEDER and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 The government appeals the sentences imposed upon Rodney Fowler and William Yarbrough after they pleaded guilty to conspiracy to possess LSD with intent to distribute, in violation of 21 U.S.C. § 846 . None of the parties dispute that the quantity of LSD involved carried a mandatory minimum sentence of 5 years imprisonment, 21 U.S.C. § 841 (b)(1)(B), or that both defendants qualified for the "safety valve provision" Congress enacted in 1994 to alleviate the harsh results of mandatory minimum sentences in certain situations. See 18 U.S.C. § 3553 (f).…