Buenrostro
United States v. Buenrostro
Opinion
Lead Opinion
*595 MEMORANDUM **
Federico Buenrostro pleaded guilty to violating 21 U.S.C. §§ 841 and 846, conspiracy to distribute methamphetamine. 1 We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.
Buenrostro’s crime carries a mandatory minimum sentence of ten years, but Buenrostro argues that the district court erred in not applying the “safety valve” provision, 18 U.S.C. § 3553 (f), which requires a court to reject the mandatory minimum when the defendant satisfies five conditions. 2 The government argued that Buenrostro was ineligible for the safety valve because he had possessed a firearm in connection with the offense. A firearm belonging to Buenrostro was found in the vehicle of one of Buenrostro’s accomplices, and Buenrostro admitted to providing him with the gun just prior to the attempted drug sale. At sentencing, Buenrostro argued that United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), gave courts discretion to sentence beneath the statutory minimum. 3 Buenrostro now contends that the evidence clearly indicated that he met the conditions of the safety valve, so the court erred in not applying it.