· 8/17/2004
United States v. Zavalza-Rodriguez
Citations
- 379 F.3d 1182
- 2004 U.S. App. LEXIS 17099
- 2004 WL 1834590
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that to preclude the safety valve requires “active possession” and “a closer degree of connection”
- precluding application of relief under § 501.2(a)(2) when a defendant actively possesses a firearm in connection with the offense
- finding there was no “logical contradiction in our referring to a weapon as possessed for purposes of a sentence enhancement with one outcome and then referring to that same weapon for purposes of a sentence reduction with a different outcome”
- “Possession in the context of § 2D1.1(b)(1) is therefore possession by proximity— constructive possession.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry, Lucero, Figa
Read full opinion on CourtListenerSourced 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.