USCA11 Case: 22-11267 Document: 27-1 Date Filed: 04/14/2023 Page: 1 of 5 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-11267 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSHUA MANLEY WILLIAMS, a.k.a. Marcus Limark Rivers, a.k.a. Kevin, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida USCA11 Case: 22-11267 Document: 27-1 Date Filed: 04/14/2023 Page: 2 of 5 2 Opinion of the Court 22-11267 D.C. Docket No. 1:21-cr-20058-RNS-1 ____________________ Before WILSON, LUCK, and BLACK, Circuit Judges. PER CURIAM: Prior to filing an initial brief, Joshua Manley Williams moves for summary reversal of his total sentence. In 2021, a grand jury charged Williams with, in relevant part, one count of attempt to possess with intent to distribute 500 grams or more of cocaine, 21 U.S.C. §§ 841(a)(1), 846 (Count 2); and one count of illegal reentry, 8 U.S.C. § 1326(a), (b)(1) (Count 3). He later pled guilty to these charges pursuant to a written plea agree- ment. At sentencing, he objected to being disqualified for “safety valve” relief based on having a prior three-point offense. The dis- trict court overruled his objection and sentenced him to the mini- mum total sentence of 60-months’ imprisonment for Count 2 and 24 months for Count 3, set to run concurrently, for a total of 60 months’ imprisonment. This appeal follows. In his motion for summary reversal, Williams asserts a re- cently decided case, United States v. Garcon, 54 F.4th 1274 (11th Cir. 2022) (en banc) petition for cert. filed No. 22-851 (U.S. Mar. 6, 2023), applies to him, meaning that he now qualifies for “safety valve” relief. Additionally, he asserts that time is of the essence. The Government responds by conceding that our decision in Gar- con means that Williams is eligible for “safety valve” relief, USCA11 Case: 22-11267 Document: 27-1 Date Filed: 04/14/2023 Page: 3 of 5 22-11267 Opinion of the Court 3 although it also notes it believes the Garcon decision was wrongly decided. “Safety valve relief allows for sentencing without regard to any statutory minimum, with respect to certain offenses.” United States v. Milkintas, 470 F.3d 1339, 1344 (11th Cir. 2006) (quotations omitted). The statutory basis for “safety valve” relief, however, imposes certain conditions on defendants to be eligible. 18 U.S.C. § 3553(f)(1). One of those conditions, in relevant part, is that the defendant does not have a prior three-point offense in his criminal history. Id. § 3553(f)(1) (B). Other conditions in that subsection include the defendant not having: (1) more than 4 criminal history points, excluding any criminal history points resulting from a 1- point offense, as determined under the sentencing guidelines; and (2) a prior 2-point violent offense, as determined under the sentenc- ing guidelines. Id. § 3553(f)(1)(A), (C). In Garcon, we held Garcon qualified for “safety valve” relief despite having a prior 3-point offense in his criminal history. Gar- con, 54 F.4th at 1276. We looked at the text of the statute …
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