Truthful Information for Reduced Sentences.
Whether someone provides “truthful information” to qualify for a reduced sentence under the safety valve is not up to the government, the U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020. U.S. v. Lima-Rivero, 19-10759 (5th Cir. Aug. 21, 2020).
After pleading guilty to possession of methamphetamine, the defendant provided information to the government in an attempt for a lower sentence under the safety valve, which allows a court to go below a mandatory minimum sentence if a defendant meets several criteria.
One of those criteria is that the defendant must provide “all information and evidence [he has] concerning the offense” to the government. In this case, the DEA agent testified that the defendant was “less than forthcoming” and didn’t qualify for the safety valve. The U.S. District Court for the Northern District of Texas denied the safety valve, reasoning that “I think it’s up to the government to determine if the defendant has complied” with the safety valve provision.
But the judge was wrong: it’s not up to the government at all. Under 18 U.S.C. s. 3553(f)(5), it is the court’s responsibility to determine all the criteria for the safety valve. The Fifth Circuit said that the agents testimony wasn’t even based on fact but only “mere speculation,” and returned the case to the district court to determine for itself whether the safety valve applied.
Recommended for you
Newsletter July 2nd, 2021
NEWSLETTER July 2, 2021 Welcome to the weekly edition of our newsletter. VIEWS ON THE LAW [-] Borden and 924(c) Whenever the Supreme Court invalidates part of a criminal statute, the question comes up about whether the Court’s reasoning could affect similar statutes and whether this opens the door for relief. The Court held in…
Amendment 782 Motion Reconsideration
Reinaldo Rivera moved for 18 U.S.C. § 3582(c)(2) relief based on Amendment 782 to the Guidelines, commonly known as “drugs minus 2.” The district court granted the motion and reduced his sentence to 420 months from LIFE. But in doing so, the district court believed Rivera’s mandatory minimum was 30 years for his CCE conviction.…
Drug Treatment And Vocational Training Improper Sentencing Considerations
Christopher Thornton moved for a downward variance at sentencing arguing, among other things, that “in-prison treatment during the proposed thirty-eight months would help mitigate any potential risk he posed to the community.” The district court denied the motion, but in doing so said that Thornton had “mental-health issues, and he needs drug treatment” and that…
