United States DC Circuit

Defendant's sentence for distribution of cocaine base is affirmed where: 1) the district court did not clearly err in thinking it highly unlikely that defendant did not have any further information on the identity of his steady supplier, whom he claimed to have known for ten years, beyond the vague description given to the government; 2) there was no incorrect application by the district court of the burden of proof to defendant; and 3) the district court's conclusion was consistent with the underlying purposes and established criteria of the safety valve provision.

Appellate Information

• Argued 11/13/2009
• Decided 04/23/2010
• Published 04/23/2010

Judges

• Before SENTELLE, Chief Judge, GINSBURG, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Christopher S. Rhee, appointed by the court, argued the cause for appellant. With him on the briefs were Justin S. Antonipillai and Joshua M. Davis, appointed by the court.


• For Appellees:
  
• Michael T. Ambrosino, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roy W. McLeese III and Chrisellen R. Kolb, Assistant U.S. Attorneys.