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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.