At page 932 Reducing criminal history category does not delete points for safety valve4 citing casesreducing a defendant’s criminal history category based on overrepresentation “does not delete criminal history points for the purposes of the safety valve
- United States v. O. Monzalvez-Salinas, 170 F. App'x 999 (8th Cir. 2006).unpublishedUnited States v. Langmade, 236 F.3d 931, 932 (8th Cir.2001) (per curiam).
- United States v. Matthew M. Stone, 39 F. App'x 478 (8th Cir. 2002).unpublished United States v. Langmade, 236 F.3d 931, 932 (8th Cir.2001); Webb, 218 F.3d at 882 ; see also United States v. Heilmann, 235 F.3d 1146, 1148 (8th Cir.2001).
- Showin Keon Davis v. United States, 858 F.3d 529 (8th Cir. 2017).published(reducing a defendant’s criminal history category based on overrepresentation “does not delete criminal history points for the purposes of the safety valve)
- United States v. Terrence O. Watson, 44 F. App'x 67 (8th Cir. 2002).unpublishedSee United States v. Langmade, 236 F.3d 931, 932 (8th Cir.2001); United States v. Webb, 218 F.3d 877, 881-82 (8th Cir. 2000); see also United States v. Heilmann, 235 F.3d 1146, 1148 (8th Cir.2001).
At page 931 PER CURIAM. Shellie Lee Langmade pleaded guilty to conspiracy to manufacture methamphetamine. The presentence report (PSR) assigned Langmade three criminal…2 citing cases
- United States v. Vanessa Cabrera, 167 F. App'x 578 (8th Cir. 2006).unpublishedSee 18 U.S.C. § 3553© (district court may sentence below mandatory minimum if, inter alia, defendant does not have more than 1 criminal history point); U.S.S.G. § 5C1.2(a)(l) (same); United States v. Thorn, 413 F.3d 820, 823 (8th Cir.) (fa…
- United States v. Gary Dewitt Miller, 32 F. App'x 176 (8th Cir. 2002).unpublishedSee United States v. Langmade, 236 F.3d 931, 931-32 (8th Cir.2001) (per curiam); Webb, 218 F.3d at 881.
Other citing cases
- United States v. Casey Marie Yirkovsky, 338 F.3d 936 (8th Cir. 2003).published
v.
Shellie Lee LANGMADE, Appellee
Shellie Lee Langmade pleaded guilty to conspiracy to manufacture methamphetamine. The presentence report (PSR) assigned Langmade three criminal history points under U.S.S.G. § 4A1.1 resulting in a criminal history category of II, but the district court departed downward under U.S.S.G. § 4A1.3 to a criminal history category of I, finding category IT overstated the seriousness of Langmade’s past criminal conduct. Although Langmade’s sentencing range was then 70-87 months, the amount of drugs involved triggered a statutory mandatory minimum sentence of ten years imprisonment. At sentencing, Langmade argued she was eligible for relief under the “safety valve,” U.S.S.G. § 5C1.2, which requires a district court to sentence a defendant within the applicable guidelines range regardless of any statutory minimum sentence if, among other things, the defendant does not have more than one criminal history point “as determined under the sentencing guidelines.” U.S.S.G. § 5C1.2(1). The district court[*932] decided that given its downward departure to criminal history category I under § 4A1.3, it could apply the safety valve in § 5C1.2. The Government appeals. T he district court’s reduction of Langmade’s criminal history category under § 4A1.3 does not delete criminal history points for the purposes of the safety valve. See United States v. Webb, 218 F.3d 877, 881 (8th Cir.2000). Because Langmade was properly charged with three criminal history points under § 4A1.1, she does not qualify for the safety valve reduction under § 5C1.2. See id. at 882. We thus reverse and remand for resentencing consistent with this opinion.