UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4077
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TORI GERMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:07-cr-00246-FDW-5)
Submitted: August 26, 2010 Decided: September 1, 2010
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Randolph M. Lee, Charlotte, North Carolina, for Appellant. Amy
Elizabeth Ray, Assistant United States Attorney, Charlotte,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tori German pled guilty, pursuant to a written plea
agreement, to conspiracy to possess with intent to distribute
cocaine and cocaine base, in violation of 21 U.S.C. § 846
(2006). German was subject to the a statutory mandatory minimum
term of 120 months of imprisonment; however, the district court
granted the Government’s motion for a downward departure based
on substantial assistance, U.S. Sentencing Guidelines Manual
(USSG) § 5K1.1 (2007), and imposed a sentence of 46 months
imprisonment. German’s attorney has filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967), raising one issue but
stating that there are no meritorious issues for appeal.
Although advised of her right to file a supplemental pro se
brief, German has not done so. Finding no error, we affirm.
Counsel questions whether German was eligible for the
safety valve provision of 18 U.S.C. § 3553(f) (2006) and USSG
§ 5C1.2 (2007). To qualify for the safety valve provision, a
defendant must establish the existence of five prerequisites. A
defendant may qualify for a sentence below a statutorily
required mandatory minimum if: (1) the defendant does not have
more than one criminal history point; (2) the defendant did not
use violence or possess a firearm in connection with the
offense; (3) the offense did not result in death or serious
bodily injury; (4) the defendant was not an organizer, leader,
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manager, or supervisor of others in the offense; and (5) no
later than the time of sentencing, the defendant truthfully
provided the Government with all evidence the defendant had
concerning the offense. 18 U.S.C. § 3553(f); USSG § 5C1.2. As
counsel correctly concedes, German was assigned two criminal
history points and, therefore, she did not qualify for the
safety valve reduction.
We have examined the entire record in accordance with
the requirements of Anders and have found no meritorious issues
for appeal. Accordingly, we affirm the judgment of the district
court. This court requires that counsel inform German, in
writing, of the right to petition the Supreme Court of the
United States for further review. If German requests that a
petition be filed, but counsel believes that such a petition
would be frivolous, then counsel may move in this court for
leave to withdraw from representation. Counsel’s motion must
state that a copy thereof was served on German. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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