Opinion
No. 06-30353.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed February 23, 2007.
Joseph E. Thaggard, Esq., Office of the U.S. Attorney, Great Falls, MT, for Plaintiff-Appellee.
John P. Rhodes, Esq., Federal Defenders of Montana, Missoula, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Sam E. Haddon, District Judge, Presiding. D.C. No. CR-05-00175-3-SEH.
Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Nancy Stomberg Gee appeals from the sentence imposed following her guilty-plea conviction for conspiracy to possess with intent to distribute and to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine, all in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2.
The district court erred by concluding that, in light of the Supreme Court's holding in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), it could not apply the safety valve statute, 18 U.S.C. § 3553(f). See United States v. Cardenas-Juarez, 469 F.3d 1331, 1334 (9th Cir. 2006). We vacate the sentence and remand for resentencing without regard to the mandatory minimum.