Appellate Law

CA1: when is it too late to be truthful ?

By S. COTUS

US v. Rodriguez-Ferreira, No. 06-2176 affirms a sentence of a guy that argues that he was entitled to a safety valve reduction under U.S.S.G. § 5C1.2(a).  It all comes down to whether he truthfully provides the government with the 411 on his crimes.  The dispute seems to involve how many drug-running flights the defendant was involved in.  But, the First says that ?Rodriguez?s statements throughout his interactions with the court and with the government were, up until the very last moment, equivocations and half-truths? and therefore since the guideline is based on whether the disclosure comes before the hearing, he didn?t comply.  The First concludes, ?Where, as here, a defendant puts the government on a starvation diet - providing morsels of information when the defendant is presented with the truth ? he is engaged in artful manipulation, not complete and truthful disclosure.?  Awwe. 

Full post as published by Appellate Law and Practice on June 30, 2008 (boomark / email).