Eleventh Circuit confirms statutory safety-valve is not discretionary

The Eleventh Circuit in US v. Quirante, No. 06-13527 (11th Cir. May 21, 2007) (available here), has confirmed that the “safety valve provision mandated by 18 U.S.C. § 3553(f) and reflected in § 5C1.2 of the guidelines is not discretionary.  Its plain terms are plainly mandatory.”  Quirante involves quirky facts that produces this potent quotable, but may only produce quitetude for the rare defendant sentenced above the guideline range even when qualifying for the safety valve.