What Is the “Safety Valve” in a Florida Drug Trafficking Case?

Federal law requires judges to impose mandatory minimum sentences for a number of criminal offenses. There is an exception, however, often known as the “safety valve.” The safety valve permits a judge to impose a below-minimum sentence–even over the government’s objections–in certain drug trafficking and unlawful drug possession cases.

Not every defendant is entitled to safety valve relief. In any given case, the defendant must meet several criteria. One of them is that the underlying drug offense did not involve the use of violence, a credible threat of violence, or the possession of a firearm or other dangerous weapon in connection with the offense. This includes both actual and constructive possession of a weapon. In other words, if a defendant had access to a gun while committing a drug offense, they cannot seek safety valve relief, and a court must impose the mandatory minimum sentence required by law.

Court of Appeals: Judge Erred in Showing Leniency to Dominican Drug Defendant

Indeed, the United States Court of Appeals for the 11th Circuit recently overturned a trial judge’s decision to grant safety valve relief to a defendant whom the government argued was not entitled to it. This case, United States v. Presinal, was one of two drug trafficking cases prosecuted together in Miami federal district court. The two co-defendants are Dominican Republic nationals who were captured by the United States Coast Guard while attempting to smuggle cocaine into the country.

Both defendants pleaded guilty to violating the Maritime Drug Law Enforcement Act (MDLEA). An issue arose during sentencing over a firearm. According to the government, one of the co-defendants, whose last name is Presinal, received a handgun from the Colombian drug cartel who gave him the cocaine. The other co-defendant, whose last name is Arias, said he did not know that Presinal had a gun.

At sentencing, Presinal admitted to having the gun but claimed he was “coerced” to take it by the Colombians. The judge rejected that claim, citing a lack of any supporting evidence. Nevertheless, the court decided to apply safety valve relief to both defendants, reasoning it would be unfair to subject Presinal to a mandatory 10-year sentence while Arias would receive less time. The judge therefore ruled that, as a matter of law, Presinal “didn’t actually possess the gun” in question.

The government appealed this ruling, and the 11th Circuit agreed the trial court abused its discretion in showing leniency to Presinal. The appellate court noted the facts “unequivocally” established that “Presinal possessed a gun.” The trial court had no right to disregard this fact in order to afford Presinal safety valve relief. The 11th Circuit therefore ordered the trial judge to resentence Presinal, applying the required 10-year mandatory minimum.

Contact the Joshi Law Firm Today

Drug trafficking is a serious federal crime that, as the case above demonstrates, can send you to prison for a long time. That is why it is critical to work with an experienced Orlando drug trafficking lawyer who can zealously represent your interests in court. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

media.ca11.uscourts.gov/opinions/unpub/files/202211243.pdf