Does a federal court have a duty to disregard any mandatory minimum sentence under section 3553(f) of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S.A v. Feliz-ramirez, No. 05-6254-cr(L), No. 06-0544-cr(CON), No. 06-1035-cr(CON) (2nd Cir. 2010):
We have held that once a district court determines that a defendant has met the criteria for safety valve eligibility under 3553(f), "the court is required to disregard any mandatory minimum in imposing sentence." United States v. Jeffers, 329 F.3d 94, 100 (2d Cir. 2003). Neither the statute nor our case law, however, requires a district court in such circumstances to
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