UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Pemba Rita SHERPA, Defendant-Appellant, Cross-Appellee
Opinion
Opinion
Nelson, J.
Pemba Rita Sherpa, a native and citizen of Nepal, was convicted by a jury of possession of heroin with intent to distribute and of importation of heroin in violation of 21 U.S.C. §§ 841 (a)(1) and 952(a). The district court reduced Sherpa’s sentence pursuant to the “safety valve” provision of the Mandatory Minimum Sentencing Reform Act of 1994 (“MMSRA”), 18 U.S.C. § 3553 (f), codified in the sentencing guidelines at § 5C1.2. Sherpa appealed his conviction and the Government cross-appealed the district court’s application of the “safety valve” provision. We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.
FACTS AND PROCEDURAL HISTORY
Pemba Rita Sherpa (“Sherpa”) was bom in 1956 in Phortze, a small and rather primitive village in Nepal. All the people born in this area of Nepal have the surname “Sherpa.” Sherpas are known for their skills as trekkers, or “high altitude porters.” Trekkers’ responsibilities include carrying loads and blazing trails for climbers on mountain expeditions. The defendant was a professional trekker who led tourists on climbs most recently in the mountains near Kathmandu. Off-season, he farmed potatoes with his family in Phortze.