Federal sentence is not reduced if crime committed while on probation for state conviction, but probation period is shortened nunc pro tunc
United States v. Pech-Aboytes,
No. 08-4124, ___ F.3d ___ (10th Cir. Apr. 17, 2009)(Utah).
Appeal of sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1).
HELD: District court properly concluded that defendant was ineligible for safety valve sentence reduction under 18 U.S.C. § 3553(f) and USSG § 5C1.2. If defendant commits federal offense while serving probation for state conviction, but obtains after-the-fact nunc pro tunc correction to sentence in state court in which probation period is terminated before commission of federal offense, defendant is nevertheless deemed to have committed federal offense while on probation for state crime and therefore does not qualify for safety valve sentencing relief if basis for nunc pro tunc shortening of state probation period is unrelated to innocence or error of law.
Read the opinion here.