United States v. Gee

MEMORANDUM ** Nancy Stomberg Gee appeals from the sentence imposed following her guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine, all in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . The district court erred by concluding that, in light of the Supreme Court’s holding in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), it could not apply the safety valve statute, 18 U.S.C. § 3553 (f). See United States v. Cardenas-Juarez, 469 F.3d 1331, 1334 (9th Cir.2006). We vacate the sentence and remand for resentencing without regard to the mandatory minimum. VACATED and REMANDED for re-sentencing. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.