Case: 18-10136 Date Filed: 01/16/2019 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-10136
Non-Argument Calendar
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D.C. Docket No. 1:17-cr-20568-FAM-4
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANGEL MARCELO QUIROZ MASTARRENO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(January 16, 2019)
Before ED CARNES, Chief Judge, and MARCUS, and ROSENBAUM, Circuit
Judges.
PER CURIAM:
Case: 18-10136 Date Filed: 01/16/2019 Page: 2 of 2
Angel Marcelo Quiroz Mastarreno appeals his 120-month sentence after
pleading guilty to conspiring to possess more than five kilograms of cocaine while
he was on board a vessel subject to the jurisdiction of the United States, in
violation of 46 U.S.C. § 70506(b), which is part of the Maritime Drug Law
Enforcement Act. His sole contention is that the bar against 18 U.S.C. § 3553(f)
safety valve relief from a mandatory minimum sentence for him and others who
violate that Act violates the equal protection clause of the Fifth Amendment. See
United States v. Castillo, 899 F.3d 1208, 1212 (11th Cir. 2018) (holding that safety
valve relief is not available for Maritime Drug Law Enforcement Act violations
because that statute is not listed in the safety valve provision), petition for cert.
filed, (U.S. Sep. 21, 2018) (No. 18-374)
Mastarreno’s contention is foreclosed by our Castillo decision, which held
that the bar against safety valve relief for violations of the Maritime Drug Law
Enforcement Act does not violate the Equal Protection Clause. Id. at 1213
(“Congress is entitled to deny the safety valve to offenders convicted under the
Act,” and has legitimate, rational reasons to treat them differently from those who
violate drug laws domestically). We follow the Castillo decision, as we are bound
to do under the prior panel precedent rule.
AFFIRMED.
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