U.S. v. Nunez

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 10-1384
Decision Date: 
November 30, 2010
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to mandatory minimum 60-month term of incarceration on drug distribution charge after finding that defendant was not eligible for safety valve adjustment so as to permit lower sentence. Said denial occurred after Dist. Ct. had concluded that defendant had not fully provided to govt. all information concerning charged offense, and record supported Dist. Ct.'s conclusion where that defendant had refused to identify his customers or explain role of his co-defendants in instant drug-selling scheme. Moreover, while defendant argued that Dist. Ct. had improperly relied on hearsay statements from undisclosed informant to support instant denial of safety valve adjustment, Dist. Ct. could deem informant's statements as reliable evidence where portions of said statements had been corroborated by other evidence.