Does Section 3553(f) of the Criminal Code allow a first time drug offender to avoid the statutory minimum in his sentence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sherpa, 110 F.3d 656 (9th Cir. 1997):

Section 3553(f) allows the sentencing court to disregard the statutory minimum in sentencing first time, nonviolent drug offenders who played a minor role in the offense and who "have made a good-faith effort to cooperate with the government." See United States v. Arrington, 73 F.3d 144, 147 (7th Cir.1996) Specifically, 3553(f) provides that a court shall impose a sentence without regard to any statutory minimum if:

(1) the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines;

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