United States of America v. David Williams, a/k/a JIM a/k/a DAVID BONDOSINGH a/k/a FEDERICO RANDES DAVID WILLIAMS

The Honorable A. Wallace Tashima, Senior Circuit Judge, United States Court of*
Appeals for the Ninth Circuit, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 07-4263
_____________
UNITED STATES OF AMERICA
v.
DAVID WILLIAMS,
a/k/a JIM
a/k/a DAVID BONDOSINGH
a/k/a FEDERICO RANDES
DAVID WILLIAMS,
Appellant
On Appeal From the United States District Court
for the Eastern District of Pennsylvania
(No. 06-cr-00128)
District Judge: Honorable Berle M. Schiller
Submitted Under Third Circuit LAR 34.1(a)
March 13, 2009
Before: FUENTES, CHAGARES, and TASHIMA , Circuit Judges*
(Filed: April 3, 2009)
OPINION OF THE COURT

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It is clear from the record that neither party raised the safety value issue to the2
District Court during the sentencing hearing or in the their respective sentencing
memoranda. The Court notes that the Government forthrightly admitted its error.
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CHAGARES, Circuit Judge.
This is a sentencing appeal. Defendant David Williams contends that the District
Court erred when it utilized the statutory mandatory minimum term of imprisonment as
the starting point in its sentencing analysis because the mandatory minimum should not
have been considered insofar as Williams was eligible for the “safety valve” set forth in
18 U.S.C. § 3553(f) and United States Sentencing Guideline § 5C1.2. The Government
agrees that the District Court so erred. We will vacate and remand for resentencing.2
The District Court had jurisdiction pursuant to 18 U.S.C. § 3231. This Court has
jurisdiction pursuant to 28 U.S.C. § 1291. We review the District Court’s sentence for an
abuse of discretion. Gall v. United States, 128 S. Ct. 586, 597 (2007).
Williams pled guilty to conspiracy to distribute one kilogram or more of
phencyclidine in violation of 21 U.S.C. § 846; possession of one kilogram or more of
phencyclidine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A);
and unlawful use of a communication facility in the commission of a drug felony in
violation of 21 U.S.C. § 843(b). He faced a mandatory minimum sentence of 240 months
under 21 U.S.C. § 841(b)(1)(A).
The parties now agree, however, that Williams was eligible for the safety valve
provision. If a defendant is eligible for the safety valve provision, then the court must

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impose a sentence without regard to any otherwise applicable mandatory minimum
sentence. 18 U.S.C. § 3553(f).
We will vacate Williams’ sentence and remand for resentencing. On remand, the
District Court shall, in the first instance, consider whether Williams was eligible for the
safety valve and shall impose an appropriate sentence.

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