Drug Trafficking and the Safety Valve Exception

The “Safety Valve” exception is a statutory exception to mandatory minimum sentencing laws. A safety valve allows a judge to sentence a person below the mandatory minimum term if certain conditions are met. The “Safety Valve” provision is a provision of law codified in 18 United States Code §3553(f). It specifically allows a judge to sentence below the minimum mandatory required by law. However, you must be eligible. There is also a two level reduction in the sentencing guidelines under United States Sentencing Guidelines §2D1.1(b)(17). The requirements set out in 18 U.S.C. §3553(f) are:

• You do not have more than 1 criminal history point.
• You did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant)
• The offense did not result in death or serious bodily injury to any person
• You were not an organizer, leader, manager or supervisor of others in the offense and not engaged in a continuing criminal enterprise
• You truthfully provided the government all information related to the offense.

It is necessary for an experienced federal criminal defense attorney to ascertain what constitutes a “criminal history point” for purposes of qualifying for the “Safety Valve” provision. In addition, “truthfully providing” information to the government is another dicey area that needs an attorney present. Conaway & Strickler, PC has handled many cases involving this provision. Please feel free to contact us any time to discuss.