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June 13, 2006

Second Circuit addresses post-Booker application of safety valve

Continuing a busy circuit Booker day (details here), the Second Circuit tonight released US v. Jimenez, No. 05-2221 (2d Cir. June 13, 2006) (available here), which addresses the application of the statutory safety-valve after Booker.  Here are the basics of the ruling as described in the per curiam decision's introduction:

In the instant appeal ...the defendant contends that, after Booker, we should revisit our decisions that place the burden of proof on the defendant to establish that he or she has satisfied the fifth requirement of the so-called "safety valve" provision, which permits the imposition of a sentence below the mandatory-minimum sentence prescribed in an underlying-offense statute. 18 U.S.C. § 3553(f); U.S.S.G. § 5C1.2.  That fifth requirement is, in substance, that the defendant fully disclose to the government all offense-related information in the defendant's possession.  18 U.S.C. § 3553(f)(5); U.S.S.G. § 5C1.2(a)(5).  We see no reason to revisit those precedents and find no error in the imposition of the defendant's sentence.

June 13, 2006 at 10:14 PM | Permalink


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