Can a federal district court impose a sentence that would have been a minimum sentence under section 3553(e) of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S. v. Valente, 961 F.2d 133 (9th Cir. 1992):
The district court may impose a sentence "below [the] level established by the statute as [a] minimum sentence," ... only if, "[u]pon motion of the Government," the court finds the defendant offered "substantial assistance in the investigation
Page 135
United States v. Sharp, 883 F.2d at 831 (quoting 18 U.S.C. 3553(e)).
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