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).
- 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.