U.S. v. Ortiz

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. 13-3748 & 14-1300 Cons.
Decision Date: 
January 12, 2015
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to statutory minimum sentence of 120-month term of incarceration on drug conspiracy charge, even though defendant argued that he was entitled to lower sentence because his cooperation with law enforcement entitled him for “safety valve” relief. Although defendant provided some information about charged offense, defendant’s statement did not qualify for safety-vale relief because said statement left out many unknown facts about plan to deliver truck contained drugs that was at heart of instant charged offense, and because record otherwise showed that defendant did not assist govt.’s investigation during two years from his initial statement until date of sentencing. Moreover, record suggested that defendant used third-party to threaten informant’s family, which would also disqualify defendant from obtaining safety-valve treatment.