He does not have more than one criminal history point;
He did not use violence or threats of violence or possess a dangerous weapon or induce another participant to do so;
The offense did not result in death or serious bodily injury;
The defendant was not an organizer, leader, manager, or supervisor; and
Before sentencing, the defendant has "truthfully provided to the government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan."
These are the requirements for the safetyvalve eligibility. A person can have 1 criminal history point and still still be eligible.
Has your son been sentenced already? The safety valve has to get applied during the sentencing process. if he is eligible and it wasn't offered, then he can ask for a 2255, for ineffective assistance of counsel. Other than that, the Residential Drug Abuse Program (RDAP) is the only program that offers a sentence reduction.
Does any one know what qualifies you for the safety valve reduction or where to find it? Also is there any laws that can change level reduction. I am asking for my son.
My boyfriend had no idea he was qualifying for a safety valve when he was sentenced. Today he called and said that because of that he is being accused of being a snitch. When all he did was admit his own guilt and involvement in the case. Which is what the prosecutor wanted. I am more than sure he mentioned no others because I was with him for every meeting and sentencing. so I advise you ask around first, because now I have to find a way to fix what ever it is to make him safe. Good luck.
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