· 7/1/1999
United States v. John P. Miller
Citations
- 179 F.3d 961
- 1999 U.S. App. LEXIS 14841
- 1999 WL 446658
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because the government’s assertion was “merely speculative” it was not proper grounds to deny a safety valve reduction
- noting that “at least one” factor “is required to infer a ‘common scheme or plan’”
- finding that the prior drug activity was “relatively remote in time” and that neither similarity nor regularity were present
- noting that “[t]he safety valve provision is an exception to the general rule” that the Guidelines’ range cannot be lower than the “statutory mandatory minimum sentence”
- finding that a drug offense that occurred 21 months prior to the offense of conviction was too remote in time to be considered a positive factor for same course of conduct
- noting defendant’s “purported untruthfulness as to his knowledge of [underlying criminal conduct] would justify the denial of the safety-valve reduction”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Stewart, Duplantier
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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