U.S. v. Wylie

Dist. Ct. committed plain error in imposing five-year term of supervised release on defendant's drug distribution conviction that involved 5 kilograms of cocaine. Defendant qualified for safety-valve treatment under 18 USC section 3553(f), which granted Dist. Ct. authority to impose sentence without regard to statutory minimum, and defendant's presentence report indicated that defendant's offense carried statutory minimum of at least five years' supervised release, although under safety-value provisions, applicable guideline range for term of supervised release ranged from 2 to 5 years. Accordingly, remand was required because Dist. Ct. erroneously believed that it was required to impose five-year term of supervised release, especially where application note to section 5C1.2 of USSG makes clear that safety-valve treatment applied to defendant's term of supervised release. Upon remand, Dist. Ct. must reconsider length of term of supervised release in view of guideline range as set forth under safety-valve provisions.