<![CDATA[federal drug crimes - Conaway & Strickler]]> https://www.conawayandstrickler.com/blog/tags/federal-drug-crimes/ Wed, 20 May 2026 17:00:23 GMT en-us <![CDATA[Drug Trafficking and the Safety Valve Exception]]> https://www.conawayandstrickler.com/blog/drug-trafficking-and-the-safety-valve-exception/ https://www.conawayandstrickler.com/blog/drug-trafficking-and-the-safety-valve-exception/ Fri, 14 Oct 2022 16:23:46 GMT 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…

]]> 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.

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