032308P.pdf   06/20/2005  United States  v.  M. Alvarado-Rivera
   U.S. Court of Appeals Case No:  03-2308
                          and No:  03-2374
   District of Minnesota   
   [PUBLISHED] [En Banc Opinion, Authored by Judge Murphy] 
   Criminal case - Sentencing Guidelines. The burden is on the defendants 
   to show they qualified for safety valve sentencing, and the district court 
   did not clearly err when it found that the defendants had not truthfully 
   supplied all information about their offenses and therefore had not 
   satisfied their burden to show they had fulfilled all the statutory 
   conditions for obtaining safety valve relief. Judge Bright, dissenting, 
   joined by Judge Heaney. 
  
032308P.pdf   10/26/2004  United States  v.  M. Alvarado-Rivera
   U.S. Court of Appeals Case No:  03-2308
                          and No:  03-2374
   District of Minnesota   
   Criminal case - Sentencing Guidelines. Because each defendant carried 
   the burden of affirmatively demonstrating the completeness and 
   truthfulness of his proffer, and the government made now showing to 
   negate the completeness and truthfulness of the proffers, beyond the 
   improbability of the accounts given, the district court clearly erred by not 
   finding each defendant had made the proffer required to be eligible for 
   safety-valve sentencing; cases remanded for resentencing pursuant to the 
   federal sentencing guidelines without regard to any statutory minimum 
   sentence. 
   [PUBLISHED] [Bright, Author, with Murphy and Heaney, Circuit Judges]