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No. 8641636
United States Court of Appeals for the Ninth Circuit
United States v. Martell
No. 8641636 · Decided June 14, 2007
No. 8641636·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 14, 2007
Citation
No. 8641636
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Candace Ellen Martell appeals from the 60-month sentence imposed after her guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate and remand for resen-tencing. Martell contends, and the government concedes, that the district court judge erred in finding that United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), precluded the court from applying the statutory “safety valve” exception to the otherwise mandatory five-year minimum sentence. We agree with the parties and vacate Martell’s sentence and remand for further proceedings consistent with United States v. Cardenas-Juarez, 469 F.3d 1331, 1334-35 (9th Cir. 2006). VACATED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Candace Ellen Martell appeals from the 60-month sentence imposed after her guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
Key Points
01MEMORANDUM ** Candace Ellen Martell appeals from the 60-month sentence imposed after her guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
02Martell contends, and the government concedes, that the district court judge erred in finding that United States v.
03738 , 160 L.Ed.2d 621 (2005), precluded the court from applying the statutory “safety valve” exception to the otherwise mandatory five-year minimum sentence.
04We agree with the parties and vacate Martell’s sentence and remand for further proceedings consistent with United States v.
Frequently Asked Questions
MEMORANDUM ** Candace Ellen Martell appeals from the 60-month sentence imposed after her guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
FlawCheck shows no negative treatment for United States v. Martell in the current circuit citation data.
This case was decided on June 14, 2007.
Use the citation No. 8641636 and verify it against the official reporter before filing.