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UNITED
STATES COURT OF APPEALS
TENTH CIRCUIT
ORDER AND JUDGMENT(*)
Before PORFILIO, MCWILLIAMS, and HENRY,
Circuit Judges.
This case presents a single issue of whether appellant's possession of a firearm
which he kept in the same closet as the controlled substance he distributed provides
sufficient evidence to deny him the benefit of the sentencing "safety valve,"(1) 18 U.S.C.
§ 3553(f)(1)-(5), in the absence of any evidence he ever possessed, used, or carried
any
dangerous weapon in connection with the offense. Notwithstanding an inventive oral
argument, we believe this case is absolutely controlled by United States v.
Hallum, 103
F.3d 87, 89 (10th Cir. 1996), a case this panel cannot overrule. United States v.
Foster,
104 F.3d 1228, 1229 (10th Cir. 1997). Accordingly, we AFFIRM the
judgment of the
district court.
ENTERED FOR THE COURT
John C. Porfilio
Circuit Judge
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*. This order and judgment is not binding
precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. This court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
1. The "safety valve" allows departure below
minimum sentencing.
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