United States First Circuit

The district court's methodical weighing of defendants' proffers and its determination that they were ineligible for relief under the sentencing "safety valve" of 18 U.S.C. - 3553(f), is affirmed. Ten-year terms of supervised release were within the court's authority, but where the court made what amounted to an upward departure without giving the defendants adequate notice of its intentions, that aspect of sentencing is vacated.

Appellate Information

• Decided 05/07/2003
• Published 05/07/2003

Judges

• SELYA, Circuit Judge., Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Luis Rafael Rivera for appellant Matos., Rafael F. Castro Lang for appellant Ovalles-Torres.


• For Appellees:
  
• Aixa Maldonado-Quĩnones, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Sonia I. Torres-Pabón, Assistant United States Attorney, were on brief, for appellee.