U.S. v. Bingham

Dist. Ct. erred in sentencing defendant to 120-month term of incarceration on drug charges, after finding that defendant did not qualify for safety-valve treatment under 18 USC section 3553(f) because he qualified for firearms enhancement under section 2D.1.1(b)(1) of USSG. Ct. of Appeals remanded matter back for new sentencing hearing and new consideration of defendant’s request for safety-valve treatment, because safety-valve’s “no-firearm” disqualifying condition is narrower than Sentencing Guidelines’ firearm enhancement. As such, fact that defendant qualified for Guidelines’ firearm enhancement did not necessarily mean that he could not qualify for safety-valve sentencing relief. Ct. of Appeals further observed that it was unsure that Dist. Ct. would have imposed same, minimum sentence if defendant was eligible for safety-valve treatment.