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Criminal Law Keyed to Kaplan
Hernandez v. United States
Citation:
No. 18-1103 (2d Cir. 2019)Facts
Hernandez was arrested and subsequently convicted for participating in a drug trafficking conspiracy involving substantial quantities of controlled substances. At sentencing, he faced statutory mandatory minimum penalties based on the quantity of drugs involved. Hernandez argued that he should be eligible for the safety valve provision under 18 U.S.C. § 3553(f), which would allow the court to sentence him below the mandatory minimum. The government opposed this application, contending that Hernandez had accumulated more than one criminal history point from prior convictions that were not among the specified minor offenses that could be disregarded under the safety valve provision. The district court agreed with the government’s position and imposed the mandatory minimum sentence required by statute.
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