United States v. Solis
2012 U.S. App. LEXIS 5894
| 5th Cir. | 2012Background
- Solis pleaded guilty to conspiracy to distribute and possession with intent to distribute five kilograms or more of cocaine hydrochloride.
- Arrest occurred October 22, 2003, when officers found $837,000 in a hidden compartment in a vehicle.
- Sentencing would normally impose a 10-year statutory mandatory minimum under 21 U.S.C. § 841(b)(1)(A).
- PSR concluded Solis was ineligible for the safety valve due to more than one criminal history point.
- District court, applying the 2002 Guidelines, did not count two marijuana conviction points and concluded it could sentence Solis under the safety valve within the guidelines.
- Government appealed the below-minimum sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Amendment 651's effect on safety valve. | Amendment 651 is clarifying and retroactive for safety valve. | Amendment 651 is substantive, not clarifying, and not retroactively applicable. | Amendment 651 is not clarifying; not retroactive under § 1B1.11(b)(2). |
| Whether 2002 guidelines ambiguously permit § 4A1.3 departures when evaluating safety valve eligibility. | 2002 § 4A1.3 allows downward departures; could affect safety valve. | Downward departures do not change the number of criminal history points; no eligibility. | 2002 edition is not ambiguous; departures under § 4A1.3 cannot be used to alter § 5C1.2 eligibility. |
Key Cases Cited
- Valencia-Andrade, 72 F.3d 770 (9th Cir.1995) (downward departures not to be considered for safety valve)
- Resto, 74 F.3d 22 (2d Cir.1996) (clarifies § 5C1.2 commentary on criminal history points)
- Orozco, 121 F.3d 628 (11th Cir.1997) (depicts computation of criminal history points)
- Robinson, 158 F.3d 1291 (D.C.Cir.1998) (guideline interpretation of 4A1.3 and safety valve)
- Owensby, 188 F.3d 1244 (10th Cir.1999) (4A1.3 departs do not subtract individual points)
- Webb, 218 F.3d 877 (8th Cir.2000) (4A1.3 departs and safety valve analysis)
- Penn, 282 F.3d 879 (6th Cir.2002) (precedent on departure limitations and safety valve)
- Jasso, 634 F.3d 305 (5th Cir.2011) (4A1.3 does not permit reducing individual points)