Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

Denial of Safety-Valve Relief Affirmed

By Shari Allison

U.S. v. Altamirano-Quintero, 2007 WL 4554290 (12/28/07)(Published) - While it would have been error for the d.ct. to deny a safety valve adjustment solely because the defendant refused to debrief, the d.ct. did not require a debriefing, as the defendant claimed. Rather, the d.ct. did not clearly err in finding the defendant failed to provide a complete disclosure, as required by § 3553(f)(5). There were "obvious informational gaps" in the defendant's plea admissions, e.g. how and where he got the meth or what he intended to do with it and most importantly who were the other participants. The government had not conceded the defendant's satisfaction of (f)(5), even though the plea agreement said: "the parties believe ... all relevant conduct is disclosed ...continue to full post

Full post as published by Tenth Circuit Blog on January 03, 2008 (boomark / email).