UNITED STATES of Am., Plaintiff-Appellee, v. Rafael VALENCIA-ANDRADE, Defendant-Appellant, 72 F.3d 770 (9th Cir. 1995). · Go Syfert
UNITED STATES of Am., Plaintiff-Appellee, v. Rafael VALENCIA-ANDRADE, Defendant-Appellant, 72 F.3d 770 (9th Cir. 1995). Cases Citing This Book View Copy Cite
55 citation events (26 in the last 25 years) across 15 distinct courts.
Strongest positive: United States v. Jasso (ca5, 2011-02-17)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
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Top citers, strongest first. 43 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Jasso
5th Cir. · 2011 · confidence medium
Section § 3553(f)(1) “explicitly precludes departure from the mandatory minimum provisions of 21 U.S.C. § 841 if the record shows that a defendant has more than one criminal history point.” United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Branch
6th Cir. · 2008 · confidence medium
See United States v. Robinson, 158 F.3d *592 1291, 1294 (D.C.Cir.1998), cert. denied, 526 U.S. 1011 , 119 S.Ct. 1155 , 143 L.Ed.2d 221 (1999); United States v. Orozco, 121 F.3d 628, 630 (11th Cir.1997); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995). ...
cited Cited as authority (rule) United States v. Branch
6th Cir. · 2008 · confidence medium
Cir. 1998), cert. denied, 526 U.S. 1011 (1999); United States v. Orozco, 121 F.3d 628, 630 (11th Cir. 1997); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir. 1995). . . .
discussed Cited as authority (rule) United States v. Hunt
1st Cir. · 2007 · confidence medium
See United States v. Boddie, 318 F.3d 491, 494-97 (3d Cir.2003); United States v. Penn, 282 F.3d 879, 881-82 (6th Cir.2002); United States v. Webb, 218 F.3d 877, 881-82 (8th Cir.2000); United States v. Owensby, 188 F.3d 1244, 1246 (10th Cir.1999); United States v. Robinson, 158 F.3d 1291, 1293-94 (D.C.Cir.1998); United States v. Orozco, 121 F.3d 628, 630 (11th Cir.1997); United States v. Resto, 74 F.3d 22, 28 (2d Cir.1996); United States v. Valencia-Andrade, 72 F.3d 770, 773-74 (9th Cir.1995). 2 The meaning of the Guidelines is clear, and we agree with the holdings of our sister, circuits.
discussed Cited as authority (rule) United States v. Esteban Hernandez-Castro
9th Cir. · 2007 · confidence medium
We also reaffirm our pre-Booker holding in United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995), that courts have no authority to adjust criminal history points for the purpose of granting safety valve relief from a mandatory minimum sentence.
discussed Cited as authority (rule) United States v. Hernandez-Castro
9th Cir. · 2007 · confidence medium
We also reaf- firm our pre-Booker holding in United States v. Valencia- Andrade, 72 F.3d 770, 774 (9th Cir. 1995), that courts have no authority to adjust criminal history points for the purpose of granting safety valve relief from a mandatory minimum sentence.
cited Cited as authority (rule) United States v. Rodriguez
9th Cir. · 2006 · confidence medium
United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995); U.S.S.G. § 5C1.2(a)(l).
discussed Cited as authority (rule) United States v. Morton
4th Cir. · 2004 · confidence medium
United States v. Penn, 282 F.3d 879, 881 (6th Cir.2002) (safety valve provision limited to defendants who have no more than one criminal history point as calculated under § 4A1.1 regardless of whether district court departs under § 4A1.3); Webb, 218 F.3d at 881-82 ; United States v. Owensby, 188 F.3d 1244, 1246 (10th Cir.1999); United States v. Robinson, 158 F.3d 1291, 1294 (D.C.Cir.1998); United States v. Orozco, 121 F.3d 628, 630 (11th Cir.1997); United States v. Resto, 74 F.3d 22, 28 (2d Cir.1996); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Stevens
D. Me. · 2004 · confidence medium
See, e.g., United States v. Robinson, 158 F.3d 1291, 1294 (D.C.Cir.1998) (per curiam) (explaining that § 4A1.1 is a “mechanistic provision” which purely instructs sentencing court to add points for various carefully-defined criminal history occurrences and that nothing in § 4A1.1 suggests sentencing court has any discretion with respect to calculation of defendant’s criminal history score); United States v. Resto, 74 F.3d 22, 28 (2d Cir.1996) (holding defendant ineligible for safety valve because he had a criminal history category of IV, notwithstanding that sentencing judge elected to…
discussed Cited as authority (rule) United States v. Victor Vega-Montano
7th Cir. · 2003 · confidence medium
See, e.g., United States v. Boddie, 318 F.3d 491, 495 (3d Cir.2003); United States v. Penn, 282 F.3d 879, 882 (6th Cir.2002); United States v. Webb, 218 F.3d 877, 881 (8th Cir.2000); United States v. Owensby, 188 F.3d 1244, 1247 (10th Cir.1999); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Vega-Montano, Victor
7th Cir. · 2003 · confidence medium
See, e.g., United States v. Boddie, 318 F.3d 491, 495 (3d Cir. 2003); United States v. Penn, 282 F.3d 879, 882 (6th Cir. 2002); United States v. Webb, 218 F.3d 877, 881 (8th Cir. 2000); United States v. Owensby, 188 F.3d 1244, 1247 (10th Cir. 1999); United States v. Valencia- Andrade, 72 F.3d 770, 774 (9th Cir. 1995).
discussed Cited as authority (rule) United States v. Forrest
3rd Cir. · 2003 · confidence medium
Even if we were to agree that the resulting sentence imposed under § 841(b)(1)(A) is harsh, “[w]e have no constitutional authority to adopt a new exception to the mandatory minimum penalty requirements of 21 U.S.C. § 841 , 844, and 846.” United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Jermaine Albert Boddie, A/K/A Bodey
3rd Cir. · 2003 · confidence medium
There is no need to look beyond the plain language of the statute and the guideline[.]”); United States v. Resto, 74 F.3d 22, 28 (2d Cir.1996) (notwithstanding that the sentencing judge elected to depart by treating the defendant as if he had a criminal history category of I, defendant nonetheless has four criminal history points and is thus ineligible for the safety valve); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995) (defendant whose criminal history category was reduced from II to I could not benefit from safety valve because statute expressly precludes the courts fr…
discussed Cited as authority (rule) Eide v. Eide
N.D. · 2002 · confidence medium
Although Laib argues his construction is supported by the rule of lenity, which requires ambiguous criminal statutes to be construed in a defendant’s favor, the rule of lenity “‘serves as an aid for resolving an ambiguity; it is not to be used to beget one.’” United States v. Valencia-Andrade , 72 F.3d 770, 775 (9th Cir. 1995) (quoting Callanan v. United States , 364 U.S. 587, 596 (1961)).
discussed Cited as authority (rule) State v. Laib
N.D. · 2002 · confidence medium
Although Laib argues his construction is supported by the rule of lenity, which requires ambiguous criminal statutes to be construed in a defendant’s favor, the rule of lenity “ ‘serves as an aid for resolving an ambiguity; it is not to be used to beget one.’ ” United States v. Valencia-Andrade, 72 F.3d 770, 775 (9th Cir.1995) (quoting Callanan v. United States, 364 U.S. 587, 596 , 81 S.Ct. 321 , 5 L.Ed.2d 312 (1961)).
discussed Cited as authority (rule) United States v. Angelo Penn
6th Cir. · 2002 · confidence medium
See United States v. Robinson, 158 F.3d 1291, 1294 (D.C.Cir. *882 1998), cert. denied, 526 U.S. 1011 , 119 S.Ct. 1155 , 143 L.Ed.2d 221 (1999); United States v. Orozco, 121 F.3d 628, 630 (11th Cir.1997); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Justin Webb (2×)
8th Cir. · 2000 · confidence medium
Accord Robinson,158 F.3d at 1294; United States v. Orozco, 121 F.3d 628, 630 (11th Cir. 1997); United States v. Resto, 74 F.3d 22, 28 (2d Cir. 1996); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir. 1995).
discussed Cited as authority (rule) United States v. Justin Webb
8th Cir. · 2000 · confidence medium
Accord -7- Robinson,158 F.3d at 1294; United States v. Orozco, 121 F.3d 628, 630 (11th Cir. 1997); United States v. Resto, 74 F.3d 22, 28 (2d Cir. 1996); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir. 1995).
discussed Cited as authority (rule) United States v. Edward Bahe
9th Cir. · 2000 · confidence medium
In interpreting § 3583(d), we must therefore consider “ ‘[t]he purpose, the subject matter, the context [and] the legislative history’ of this statute.” United States v. Valencia-Andrade, 72 F.3d 770, 773-74 (9th Cir.1995) (quoting United States v. Miguel, 49 F.3d 505, 507 (9th Cir.1995)).
discussed Cited as authority (rule) United States v. Owensby
10th Cir. · 1999 · confidence medium
See United States v. Robinson, 158 F.3d 1291, 1294 (D.C.Cir.1998), cert. denied, — U.S. -, 119 S.Ct. 1155 , 143 L.Ed.2d 221 (1999) 2 ; United States v. Orozco, 121 F.3d 628, 630 (11th Cir.1997); United States v. Ward, No. 95-5967, 1996 WL 531017, at *1 (4th Cir. Sept.19, 1996) (unpublished); United States v. Moog, Nos. 95-3389, 95-3417, 95-4184, 1996 WL 431343 , at *1 (8th Cir. Aug.2, 1996) (unpublished); United States v. Resto, 74 F.3d 22, 28 (2d Cir.1996); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
discussed Cited as authority (rule) United States v. Robles
10th Cir. · 1999 · confidence medium
Cir. 1998), cert. denied, 119 S. Ct. 1155 (1999); United States v. Orozco , 121 F.3d 628, 630 (11th Cir. 1997); United States v. Ward , No. 95-5967, 1996 WL 531017, at **1 (4th Cir. Sept. 19, 1996) (unpublished); United States v. -4- Moog , Nos. 95-3389, 95-3417, 95-4184, 1996 WL 431343 , at **1 (8th Cir. Aug. 2, 1996) (unpublished); United States v. Resto , 74 F.3d 22, 28 (2d Cir. 1996); United States v. Valencia-Andrade , 72 F.3d 770, 774 (9th Cir. 1995).
discussed Cited as authority (rule) United States v. Bryan K. Kaluna (2×)
9th Cir. · 1998 · confidence medium
Demarest v. Manspeaker, 498 U.S. 184, 190 , 111 S.Ct. 599 , 112 L.Ed.2d 608 (1991); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
cited Cited as authority (rule) Robles v. United States
9th Cir. · 1998 · confidence medium
United States v. Valencia-Andrade, 72 F.3d 770, 772 (9th Cir.1995).
discussed Cited as authority (rule) Arie SHAAR; Helina Shaar; Shay Moshe Shaar, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent (2×)
9th Cir. · 1998 · confidence medium
See Crooks v. Harrelson, 282 U.S. 55, 60 , 51 S.Ct. 49, 50-51 , 75 L.Ed. 156 (1930); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
cited Cited as authority (rule) United States v. Robinson
D.D.C. · 1997 · confidence medium
See United States v. Orozco, 121 F.3d 628, 630 (11th Cir.1997); United States v. Resto, 74 F.3d 22, 27 (2d Cir.1996); United States v. Valencia-Andrade, 72 F.3d 770, 773-774 (9th Cir.1995). 6 .
discussed Cited as authority (rule) United States v. Jose Luis Escamilla-Hernandez
9th Cir. · 1996 · confidence medium
Fed.R.App.P. 34(a); 9th Cir.R. 34-4 ** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3 1 In any event, Escamilla-Hernandez's argument that a downward departure would have allowed him to avail himself of the "Safety Valve" provision, 18 U.S.C. § 3553 (f), is foreclosed by United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995) (holding that section 3553(f) "explicitly precludes departure from the mandatory minimum provisions of 21 U.S.C. § 841 if the record shows that a defendant has …
cited Cited as authority (rule) United States v. Reynaldo Luque-Hernandez
9th Cir. · 1996 · confidence medium
United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
discussed Cited as authority (rule) 96 Cal. Daily Op. Serv. 8387, 96 Daily Journal D.A.R. 13,956 United States of America v. Alan Keith Hunter, United States of America v. Bart Reed
9th Cir. · 1996 · confidence medium
“We may ignore the plain words used by Congress only in rare eases where the literal application of a statute will produce a result demonstrably at odds with the intentions of its drafters.” United States v. Valencia-An-drade, 72 F.3d 770, 774 (9th Cir.1995) (citations and internal quotations omitted).
discussed Cited as authority (rule) United States v. Pedro Diaz-Franco
9th Cir. · 1996 · confidence medium
Under these facts, Diaz-Franco asserts that Congress could not have intended to preclude relief under the "safety valve." 4 Our recent decision in United States v. Valencia-Andrade mandates rejection of Diaz-Franco's argument. 72 F.3d 770, 774 (9th Cir.1995) (holding that § 3553(f) "explicitly precludes departure from the mandatory minimum provisions of 21 U.S.C. § 841 if the record shows that a defendant has more than one criminal history point.").
discussed Cited as authority (rule) United States v. Aaron John Moog, United States of America v. Duane Dorvan Gilleshammer, United States of America v. James Dillon Smith
8th Cir. · 1996 · confidence medium
See United States v. Resto, 74 F.3d 22, 28 (2d Cir.1996) (rejecting argument that defendant who had more than one criminal history point qualified for § 5C1.2 relief on ground that district court departed under § 4A1.3 and treated defendant as if he had only one criminal history point); United States v. Valencia-Andrade, 72 F.3d 770, 773-74 (9th Cir.1995) (same).
discussed Cited as authority (rule) United States v. Aaron John Moog
8th Cir. · 1996 · confidence medium
See United States v. Resto, 74 F.3d 22, 28 (2d Cir. 1996) (rejecting argument that defendant who had more than one criminal history point qualified for § 5C1.2 relief on ground that district court departed under § 4A1.3 and treated defendant as if he had only one criminal history point); United States v. Valencia-Andrade, 72 F.3d 770, 773-74 (9th Cir. 1995) (same). -3- III.
cited Cited as authority (rule) United States v. Javier Monrique-Conde
D.C. Cir. · 1996 · confidence medium
See 18 U.S.C. § 3553 (e) & (f); United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995); United States v. Polanco, 53 F.3d 893, 897 (8th Cir.1995).
discussed Cited as authority (rule) United States v. Edmonds
3rd Cir. · 1996 · confidence medium
As the Supreme Court recently noted, the rule of lenity "applies only if, `after seizing everything from which aid can be derived,' we can make `no more than a guess as to what Congress intended.'" Reno v. Koray, 115 S.Ct. 2021, 2029 (1995) (citation omitted); See also United States v. Turcks, 41 F.3d 893, 901 (3d Cir. 1994) (rule of lenity "operates only after it is determined that a criminal statute is ambiguous, not at the beginning of the process of construction, as an overriding consideration of being lenient to wrongdoers") (citation and internal quotations omitted); United States v. Lan…
discussed Cited as authority (rule) United States v. Theodore Edmonds (2×)
3rd Cir. · 1996 · confidence medium
As the Supreme Court recently noted, the rule of lenity “applies only if, ‘after seizing everything from which aid can be derived,’ we can make ‘no more than a guess as to what Congress intended.’” Reno v. Koray, — U.S. -, -, 115 S.Ct. 2021, 2029 , 132 L.Ed.2d 46 (1995) (citation omitted); See also United States v. Turcks, 41 F.3d 893, 901 (3d Cir.1994) (rule of lenity “operates only after it is determined that a criminal statute is ambiguous, not at the beginning of the process of construction, as an overriding consideration of being lenient to wrongdoers”) (citation and int…
discussed Cited "see" United States v. Jason Washington (2×)
9th Cir. · 2014 · signal: see · confidence high
See United States v. Valencia-Andrade, 72 F.3d 770, 773-74 (9th Cir.1995) (holding that a court calculating defendant’s criminal history points for purposes of safety valve eligibility must do so without considering departures).
discussed Cited "see" United States v. Solis
5th Cir. · 2012 · signal: see · confidence high
See United States v. Valencia-Andrade, 72 F.3d 770 (9th Cir.1995); United States v. Resto, 74 F.3d 22 (2d Cir.1996); United States v. Orozco, 121 F.3d 628 (11th Cir.1997); United States v. Robinson, 158 F.3d 1291 (D.C.Cir.1998); United States v. Owensby, 188 F.3d 1244 (10th Cir.1999); United States v. Webb, 218 F.3d 877 (8th Cir.2000); United States v. Penn, 282 F.3d 879 (6th Cir.2002).
cited Cited "see" United States v. Guillen-Lopez
9th Cir. · 2005 · signal: see · confidence high
See United States v. Valencia-Andrade, 72 F.3d 770, 774 (9th Cir.1995).
cited Cited "see" United States v. Orozco
11th Cir. · 1997 · signal: see · confidence high
See United States v. Valencia-Andrade, 72 F.3d 770, 773-74 (9th Cir.1995); United States v. Resto, 74 F.3d 22, 27 (2d Cir.1996).
cited Cited "see" United States v. Derrick Bines
9th Cir. · 1997 · signal: see · confidence high
See United States v. Valencia-Andrade, 72 F.3d 770, 774-75 (9th Cir.1995).
discussed Cited "see" United States v. Rodney Browning
9th Cir. · 1997 · signal: see · confidence high
See United States v. Valencia-Andrade, 72 F.3d 770, 774-75 (9th Cir.1995). 5 Here, the district court found that Browning was properly sentenced under the amended version of section 841(b)(1) because Congress necessarily amended section 846 to include application of section 841(b)(1)'s new penalties, since the statutes are intertwined. 6 Because we have determined that the amended penalties provided in section 841(b) are applicable in cases where the defendant violated section 846 and was sentenced after October 27, 1986, see Meyers, 847 F.2d at 1414 , and because Browning does not cite any le…
discussed Cited "see, e.g." United States v. Carvajal
9th Cir. · 2006 · signal: see also · confidence medium
See 18 U.S.C. § 3553 (f)(1); see also United States v. Valencia-Andrade, 72 F.3d 770, 773-74 (9th Cir.1995) (stating that 18 U.S.C. § 8558 (f) precludes the district court from creating an exception to a mandatory minimum sentence for an over-represented criminal history category).
discussed Cited "see, e.g." United States v. Miranda
D.N.J. · 1997 · signal: see, e.g. · confidence low
See, e.g., United States v. Valencia-Andrade, 72 F.3d 770 (9th Cir.1995) (finding that driving with suspended license resulted in over-statement of criminal history); United States v. Shoupe, 988 F.2d 440, 446-47 (3d Cir.1993) adopting approach of United States v. Pinckney, 938 F.2d 519 (4th Cir.1991); United States v. Summers, 893 F.2d 63 (4th Cir.1990).
Retrieving the full opinion text from the archive…
95 Cal. Daily Op. Serv. 9866, 95 Daily Journal D.A.R. 17,153 United States of America
v.
Rafael Valencia-Andrade
95-50093.
Court of Appeals for the Ninth Circuit.
Dec 27, 1995.
72 F.3d 770
Michael L. Crowley, San Diego, California, for defendant-appellant., Mary A. Schneider, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.
Aldisert, Alarcon, Rymer.
Cited by 49 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 66%
Citer courts: Ninth Circuit (1)
ALARCON, Circuit Judge:

Rafael Andrade-Valencia [1] appeals from the sentence imposed by the district court following his guilty plea to possession of methamphetamine with intent to distribute. The district court sentenced Andrade-Valen-cia to the statutory mandatory minimum term of imprisonment of 120 months. He seeks reversal on the ground that the district court erred in ruling that it lacked the authority to impose a sentence below the mandatory minimum, notwithstanding its finding that his criminal history category, based on two convictions for driving with a suspended license, was over-represented. We affirm because 18 U.S.C. § 3553(f) expressly precludes a downward departure from the guidelines if the defendant has more than one criminal history point.

I.

On July 22, 1994, Andrade-Valencia was caught attempting to smuggle methamphetamine into the United States. The gross weight of the methamphetamine and its packaging was 15.67 kilograms. Andrade-Valencia pled guilty to possession of methamphetamine, a Schedule II controlled substance, with intent to distribute, on November 4,1992. This offense carries a mandatory minimum term of ten years to life in prison. 21 U.S.C. § 841(b)(l)(A)(viii).

Andrade-Valencia’s prior criminal history consists solely of two convictions for driving with a suspended license. He was sentenced to a term of two years probation for the first conviction. For the second conviction, he was sentenced to a term of 18 months probation. Pursuant to United States Sentencing Guidelines (“U.S.S.G.”) §§ 4Al.l(c), 4A1.2(c)(l), Andrade-Valencia was assigned[*772] two criminal history points. [2] This placed Andrade-Valencia in criminal history Category II. See U.S.S.G. Ch. 5 Pt. A (listing criminal history categories and the number of criminal history points encompassed by each category—Category II is reserved for persons with two or three criminal history points).

A person whose prior record places him or her in criminal history Category II is subject to a guideline range of 121-151 months for an offense level of 31. The district court granted Andrade-Valencia a downward departure to criminal history Category I pursuant to U.S.S.G. § 4A1.3. [3] The court’s downward departure reduced the applicable guideline range to 108 to 135 months.

In explaining its reasons for departing downward, the district court commented as follows:

I want the record to be very clear that I feel—my interpretation of the statute is that I cannot, but if it were not for the minimum mandatory I would have given the defendant 108 months at the low end of the guideline range at a level 31, because I find that this is the type of person that should benefit from the safety valve, and that his criminal history only consists of traffic violations.
So I feel very strongly that his criminal history is less serious than what is reflected in the number of points and the criminal history category in which he finds himself; however, because I feel that the government’s interpretation is correct, and I agree that that is (sic) what Congress intended was to look at the criminal history points, I must impose the 120-month minimum mandatory.

II.

Andrade-Valencia states that the “lone issue before this court is whether the ‘safety valve’ provisions of the VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1984 (18 U.S.C. § 3553) (hereinafter ‘ACT’) should apply to [him].” He appears to argue that when the district court grants a downward departure from criminal history Category II to Category I, because the defendant’s criminal history category over-represents the seriousness of his prior criminal conduct, the “safety valve” provision of section 3553(f) must be applied. We disagree.

We review de novo a district court’s interpretation and application of a statute. United States v. Ripinsky, 20 F.3d 359, 361 (9th Cir.1994).

III.

Congress enacted the sentencing guidelines in order to enhance the ability of the criminal justice system to combat crime through an effective, fair sentencing system. U.S.S.G. Ch. 1 Pt. A(3). The sentencing guidelines provide standard sentencing ranges in order to “narrow[] the wide disparity in sentences imposed for similar criminal offenses committed by similar offenders.” U.S.S.G Ch. 1 Pt. A(3). The sentencing guidelines permit a court to depart from the guideline range applicable to the defendant only when it finds “an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described.” 18 U.S.C. § 3553(b); U.S.S.G. Ch. 1 Pt. A(4)(b).

[*773] The sentencing guidelines provide for the assignment of criminal history points for pri- or criminal convictions. U.S.S.G. §§ 4A1.1, 4A1.2. The number of criminal history points assigned to a defendant determine his or her criminal history category. U.S.S.G. Ch. 5 Pt. A. The sentencing guidelines also assign a base criminal offense level to different criminal offenses. U.S.S.G. Ch. 2. The criminal history category is then applied to the criminal offense level to determine the appropriate range of the term of imprisonment that may be imposed. U.S.S.G. Ch. 5 Pt. A.

The sentencing guidelines permit a district court to depart downward from the defendant’s criminal history category if it “significantly over-represents the seriousness of a defendant’s criminal history.” U.S.S.G. § 4A1.3. A downward departure in a defendant’s criminal history category permits the court to apply a more lenient sentencing range than would otherwise be applicable. U.S.S.G. Ch. 5 Pt. A.

In 21 U.S.C. § 841, Congress prescribed mandatory minimum sentences for certain crimes including possession of methamphetamine with intent to distribute. When applicable, the mandatory minimum penalty provisions of section 841 trump the relevant sentencing guideline range. Section 5Gl.l(b) provides as follows:

(b) Where a statutorily required minimum sentence is greater than the maximum of the applicable guideline range, the statutorily required minimum sentence shall be the guideline sentence.

In 1994, Congress authorized the courts to apply a guideline range that is below the statutory mandatory minimum sentence under certain clearly specified circumstances. 18 U.S.C. § 3553(f). [4] Before a court is authorized to depart from the mandatory minimum provisions of 21 U.S.C. §§ 841, 844, and 846, however, it must find inter alia that “the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines.” 18 U.S.C. § 3553(f)(1).

Andrade-Valencia argues that because “the obvious intent of Congress was to mitigate the harsh results of mandatory minimum sentences when a person has virtually no criminal history.... this court should find that when the criminal history is over represented (sic), the allowance should be made.” Andrade-Valencia asserts further that the silence of the sentencing guidelines and Congress regarding whether a court can depart from a mandatory minimum sentence, if the court finds the criminal history category is over-represented, renders section 3553(f) ambiguous.

Andrade-Valencia asks this court to apply the statutory construction analysis we employed in United States v. Miguel, 49 F.3d 505 (9th Cir.1995), cert. denied, — U.S. -, 115 S.Ct. 2628, 132 L.Ed.2d 868 (1995)[*774] to carry out Congress’ intent to give district courts the discretion to impose a sentence below the mandatory minimum for minor offenders. Andrade-Valencia’s reliance on our decision in Miguel is misplaced. In Miguel, we began our discussion by stating: “We are persuaded that the language of the statute is ambiguous, and therefore must consider ‘[t]he purpose, the subject matter, the context [and] the legislative history’ of this statute.” Id. at 507 (citation omitted). Section 3553(f) is not ambiguous. It explicitly precludes departure from the mandatory minimum provisions of 21 U.S.C. § 841 if the record shows that a defendant has more than one criminal history point.

Our duty in applying an unambiguous statute is clear. The Supreme Court has instructed that, “[w]hen we find the terms of a statute unambiguous, judicial inquiry is complete except in rare and exceptional circumstances.” Demarest v. Manspeaker, 498 U.S. 184, 190, 111 S.Ct. 599, 604, 112 L.Ed.2d 608 (1991). We may ignore the plain words used by Congress only “in rare cases [where] the literal application of a statute will produce a result demonstrably at odds with the intentions of its drafters.” Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 571, 102 S.Ct. 3245, 3250, 73 L.Ed.2d 973 (1982). The trial court’s interpretation of section 841 is not demonstrably at odds with the intention of Congress.

In 1988, Congress determined that the sentencing guidelines shall not apply to certain crimes if the range of punishment falls below a minimum term of years. 21 U.S.C. § 841(b)(1)(A). In 1994, Congress again expressed its intention that the mandatory minimum sentencing provisions of 21 U.S.C. §§ 841, 844, and 846 must be applied to persons who have more than one criminal history point.

Andrade-Valencia asks us to construe the statute to permit relief from the harsh results of applying the mandatory minimum where the criminal history consists of two minor offenses and the defendant paid his fines and successfully completed his probationary terms. We have no constitutional authority to adopt a new exception to the mandatory minimum penalty requirements of 21 U.S.C. §§ 841, 844, and 846. The Supreme Court instructed federal courts to resist the temptation to extend the reach of a statute beyond the express intention of Congress, to avoid a harsh result, in the following words:

Courts have sometimes exercised a high degree of ingenuity in the effort to find justification for wrenching from the words of a statute a meaning which literally they did not bear in order to escape consequences thought to be absurd or to entail great hardship. But an application of the principle so nearly approaches the boundary between the exercise of the judicial power and that of the legislative power as to call rather for great caution and circumspection in order to avoid usurpation of the latter. Monson v. Chester, 22 Pick. 385, 387. It is not enough merely that hard and objectionable or absurd consequences, which probably were not within the contemplation of the framers, are produced by an act of legislation. Laws enacted with good intention, when put to the test, frequently, and to the surprise of the law maker himself, turn out to be mischievous, absurd, or otherwise objectionable. But in such case the remedy lies with the law making authority, and not with the courts.

Crooks v. Harrelson, 282 U.S. 55, 60, 51 S.Ct. 49, 50-51, 75 L.Ed. 156 (1930). Assuming arguendo that there is merit to Andrade-Valencia’s argument that a mandatory minimum sentence should not be imposed where the criminal history category over-represents the seriousness of a defendant’s prior criminal history, only Congress can provide a remedy.

Because section 3553(f) expressly precludes the courts from sentencing persons convicted of possession of methamphetamine with intent to distribute if they have more than one criminal history point to a guideline range that is below the mandatory minimum, we hold that the sentence imposed by the district court was compelled by 21 U.S.C. § 841(b)(1)(A)(viii).

We also reject Andrade-Valencia’s suggestion that we should apply the rule of lenity in this case. The rule of lenity is[*775] inapplicable to an unambiguous statute. The rule of lenity “serves as an aid for resolving an ambiguity; it is not to be used to beget one.” Callanan v. United States, 364 U.S. 587, 596, 81 S.Ct. 321, 326, 5 L.Ed.2d 312 (1961).

AFFIRMED.

1

. During the sentencing proceedings, Valencia-Andrade informed the district court that his last name was Andrade-Valencia.

2

. Andrade-Valencia received two criminal history points because he was twice convicted for driving with a suspended license. The sentencing guidelines provide that a person who receives a sentence of probation of at least one year for "[d]riving without a license” will receive one criminal history point. U.S.S.G. § 4A1.2(c)(l). A sentencing court must “[a]dd one point for each prior sentence....” U.S.S.G. § 4Al.l(c).

3

. Section 4A1.3 provides in pertinent part: There may be cases where the court concludes that a defendant’s criminal history category significantly over-represents the seriousness of a defendant’s criminal history or the likelihood that the defendant will commit further crimes. An example might include the case of a defendant with two minor misdemeanor convictions close to ten years prior to the instant offense and no other evidence of prior criminal behavior in the intervening period. The court may conclude that the defendant's criminal history was significantly less serious than that of most defendants in the same criminal history category (Category II), and therefore consider a downward departure from the guidelines.

4

. 18 U.S.C. § 3553(f) provides as follows:

Notwithstanding any other provision of law, in the case of an offense under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 961, 963), the court shall impose a sentence pursuant to guidelines promulgated by the United States Sentencing Commission under section 994 of title 28 without regard to any statutory minimum sentence, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that—
(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;
(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (3) the offense did not result in death or serious bodily injury to any person;
(4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. 848; and
(5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.

18 U.S.C. § 3553(f) (emphasis added).