United States v. Kevin Daniels

*576CLAY, Circuit Judge,

concurring.

Although I concur in the result reached by the majority, I hesitate to concur in the reasoning of the majority opinion because of the possibility that the district court lacked the jurisdiction to impose a sentence below the applicable statutory minimum sentence. See Melendez v. United States, 518 U.S. 120, 130-31, 116 S.Ct. 2057, 135 L.Ed.2d 427 (1996) (holding that a district court lacks authority to pierce a statutory minimum sentence under U.S.S.G. § 5K1.1). However, the jurisdictional issue, which was neither briefed by the parties nor addressed by the panel, is best left to another day.