United States v. Jermaine McClelland

574 F. App'x 761

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 21, 2014
• Docket: 13-50082
• Status: Unpublished

Opinion

MEMORANDUM **

The district court lacked authority to impose a sentence below the mandatory minimum. See United States v. Wipf, 620 F.3d 1168, 1170-71 (9th Cir.2010). Because McClelland had three criminal history points, he was ineligible for safety valve relief. See 18 U.S.C. § 3553(f). Whether the district court believed that McClel-land’s criminal history category substantially over-represented the seriousness of his criminal history is irrelevant because “district courts have no authority to adjust criminal history points for the purpose of determining eligibility for safety valve relief under 18 U.S.C. § 3553(f)(1).” United States v. Hernandez-Castro, 473 F.3d 1004, 1008 (9th Cir.2007). We therefore vacate the sentence and remand for resen-tencing.

VACATED AND REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.