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United States v. Salas-Barraza

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Submitted: March 13, 2009

Before SMITH, GRUENDER, BENTON, Circuit Judges.

Elisa Salas-Barraza pleaded guilty to one count of conspiracy to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). At sentencing, Salas-Barraza faced the statutory mandatory minimum of 120 months’ imprisonment because she had two criminal history points and did not qualify for the safety valve. The government made a substantial assistance motion pursuant to 18 U.S.C. § 3553(e) and U.S.S.G. 5K1.1, which the district court granted. The district court then imposed a sentence of five years’ probation with six months’ home confinement. The government appeals, arguing that in fashioning SalasBarraza’s sentence, the district court impermissibly based its sentence on factors other than assistance-related considerations as required by § 3553(e). We now vacate SalasBarraza’s sentence and remand for resentencing consistent with this opinion.

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