Court of Appeals for the D.C. Circuit January 12, 1996, 95-3045 (United States v. Carlos Dejesus-Gaul)

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

With respect to certain statutory minimum sentences, 18 U.S.C. § 3553(f), and its guideline equivalent, U.S.S.G. § 5C1.2, provide that the sentencing court “shall” disregard the mandatory minimum and impose a sentence within the guideline range if the court makes five specified findings favorable to the defendant.