United States v. Fitzpatrick, No. 22-1367 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court refusing to extend safety valve relief to Defendant after finding that Defendant possessed a firearm during and in connection with a drug-trafficking crime, holding that there was no error in the challenged finding and Defendant's ensuing sentence.
In determining that Defendant failed to satisfy his burden of satisfying five statutory requirements for safety valve relief by a preponderance of the evidence the district court found that Appellant had possessed a firearm when he sold drugs to a confidential informant and that Appellant's possession of the firearm was in connection with that drug sale. The First Circuit affirmed, holding that the district court did not err in finding Defendant ineligible for safety valve relief.
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