In U.S. v. Brehm, the Court affirmed the defendant’s heroin trafficking sentence.
The Court rejected the defendant’s argument that he should have been permitted to withdraw his guilty plea, on the ground of mental incompetence. The Court noted that it appeared that Brehm had a factual and rational understanding of the legal process. Further, he did not seek to withdraw his plea until several months after pleading guilty.
The Court also rejected the argument that post-Booker the safety valve statute, 18 U.S.C. § 3553(f), became advisory, and that the district court had discretion to depart below the mandatory minimum. Citing U.S. v. Barrero, 425 F.2d 154 (2d Cir. 2005), the Court held that even after Booker courts are required to calculate Guideline provisions, and that the provision of § 3553(f) which renders a Criminal History Category I defendant ineligible for the safety valve remains binding. Since Brehm was Criminal History I, he was safety valve ineligible.
