United States v. Figueroa

PER CURIAM Saturnino Figueroa and Elizabeth Roman challenge various district court rulings related to their convictions and sentences on federal charges arising from the discovery of heroin in their luggage at the Miami airport. The Government cross-appeals the district court's application of the ""safety valve"" provision of U.S.S.G. § 5C1.2 to reduce Roman's sentence. We affirm without opinion the decisions of the district court on the issues raised in the defendants' appeal. See 11th Cir. R. 36-1. Addressing the cross-appeal, we conclude that the district court erred in applying the safety valve to determine Roman's sentence, and we vacate and remand with instructions for the district court to resentence Roman accordingly.