United States v. Barragan
Docket: No. 04-50111
Court: Court of Appeals for the Ninth Circuit; April 25, 2005; Federal Appellate Court
Ricardo Barragan pled guilty to possession of methamphetamine with intent to distribute under 21 U.S.C. § 841, acknowledging possession of approximately 53.3 grams intended for distribution at the time of his arrest. Although his offense carried a mandatory minimum sentence of ten years, the district court sentenced him to 97 months in prison. This sentence was deemed erroneous because the Government did not seek a departure below the statutory minimum under 18 U.S.C. § 3553(e), and Barragan failed to meet the criteria for safety valve relief under 18 U.S.C. § 3553(f). The court specified that Barragan had to prove by a preponderance of the evidence that he had no more than one criminal history point to qualify for safety valve relief. Despite his claims, the burden of proof remained with him, and the Supreme Court's ruling in Apprendi v. New Jersey did not shift this burden. As Barragan did not demonstrate that he qualified for the safety valve provision, the appellate court reversed the district court's judgment and remanded for resentencing in accordance with the mandatory minimum sentence outlined in 21 U.S.C. § 841(b)(1)(A)(viii). This ruling is not to be published or cited in future cases except as allowed by Ninth Circuit Rule 36-3.