In US v. Sutton, No. 09-3019, the court affirmed defendant's sentence for possession with intent to distribute cocaine base, where neither 18 U.S.C. section 3553(e) nor section 3553(f) applied, the district court lacked authority to sentence defendant below the statutory minimum term.
As the court wrote: "Jacquelynne Joy Sutton was convicted of possession with intent to distribute cocaine base. The district court1 sentenced her to 120 months' imprisonment, which is the statutory minimum sentence under 21 U.S.C. § 841(b)(1)(B). Sutton appeals, asserting that the district court failed to recognize its authority to sentence her below the statutory minimum. We affirm."