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United States v. Padilla-Col*n

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Before Torruella and Lipez, Circuit Judges, and DiClerico, District Judge. *fn1

Jos* Padilla-Col*n (“Padilla”) was charged with one count of possession with intent to distribute 7.1 grams of cocaine base, or “crack,” in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). Pursuant to a plea agreement, Padilla pled guilty and waived his right to appeal. At sentencing the district court determined that Padilla did not qualify for the “safety valve” provision, 18 U.S.C. § 3553(f), and thus was subject to a mandatory minimum sentence of five years. On appeal, Padilla argues that the district court erred in finding that he did not meet the requirements of the safety valve, and that, despite the waiver, the plea agreement does not bar his appeal. Applying the test established in United States v. Teeter, 257 F.3d 14, 24-26 (1st Cir. 2001), we find that the waiver of appeal is invalid. However, because the district court did not err in denying Padilla the benefit of the safety valve, we affirm the sentence.

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