Dist. Ct. did not err in sentencing defendant to drug distribution offense, after finding that defendant did not qualify for “safety-valve” provision in 18 USC section 3553(f)(5), even though defendant attempted to qualify for such treatment by providing truthful statements about his charged offense or offenses that were part of same course of conduct. Dist. Ct. could properly find that defendant was not truthful with respect to his intentions regarding $40K in cash that was found on him at time of his arrest, where defendant failed to indicate that he intended to use said money to purchase more drugs, as opposed to purchase new car. Moreover, defendant had burden in establishing eligibility for safety-valve treatment, and that Dist. Ct. could deny said treatment based on finding that defendant’s statements were either inconsistent, suspicious or implausible.
Federal 7th Circuit Court
Criminal Court
Sentencing