United States Second Circuit

Sentence and conviction following guilty plea of distribution and possession with the intent to distribute heroin is affirmed over claim that after Booker, the court of appeals should revisit its decisions that place the burden of proof on the defendant to establish that he has satisfied the fifth requirement for "safety-valve" relief, which requires that defendant must have provided to the government truthful information about the underlying offense.

Appellate Information

• Decided 06/13/2006
• Published 06/13/2006

Judges

• PER CURIAM., Before WALKER, Chief Judge, NEWMAN and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Henry J. Steinglass, New York, NY, for Defendant-Appellant., Harry Sandick, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, and Karl Metzner, Assistant United States Attorney, on the brief), New York, NY, for Appellee.