U.S. v. Berge

Dist. Ct. committed plain error in sentencing defendant to mandatory minimum 10-year sentence on drug possession charge after finding that defendant's prior Class A misdemeanor for abandonment of defendant's llama qualified as one criminal history point that precluded defendant from safety value provision under section 3553(f) of USSG that would have resulted in sentencing range of 18-to-24 month term of incarceration. Defendant is entitled to new sentencing hearing where his Class A misdemeanor was sufficiently similar to listed fish and game offense violation in section 4A1.2(c) of USSG, and thus Dist. Ct. could have ignored said misdemeanor when determining defendant's eligibility for safety-valve treatment.