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U.S. v. Smith, No. 98-10271 (9th Cir.) (175 F.3d 1147) (May 4, 1999) (Judge Stephen S. Trott)

Case held that conduct that warrants a sentence enhancement for possession of a gun under USSG § 2D1.1(b)(1) "necessarily defeats" the application of the safety valve under § 5C1.2(2).

Here a gun was discovered in the defendant's backpack, and the Court held that was sufficient to support an enhancement for ...

 

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