United States v. Figueroa-Labrada

780 F.3d 1294, 2015 U.S. App. LEXIS 4775, 2015 WL 1296563
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 24, 2015
Docket13-6278
StatusPublished
Cited by5 cases

This text of 780 F.3d 1294 (United States v. Figueroa-Labrada) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Figueroa-Labrada, 780 F.3d 1294, 2015 U.S. App. LEXIS 4775, 2015 WL 1296563 (10th Cir. 2015).

Opinions

MORITZ, Circuit Judge.

Jesus Figueroa-Labrada (“Figueroa”) appeals from the district court’s denial of his request for a reduced sentence under the “safety-valve” provision of 18 U.S.C. § 3553(f). The district court held § 3553(f) did not apply because Figueroa failed to make the disclosures necessary to support a reduced sentence before his initial sentencing hearing.

Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we reject the district court’s interpretation of § 3553(f). We conclude that when a defendant provides information to the government for the first time on remand, but before the resentencing hearing, the plain text of § 3553(f) requires the district court to consider that information in determining whether the’ defendant has satisfied § 3553(f). Because the district court here failed to do so, we reverse and remand for the district court to determine Figueroa’s eligibility for a safety-valve sentence.

Background

After a jury convicted Figueroa of conspiring to possess methamphetamine with intent to distribute, the district court attributed to Figueroa 746.19 grams of a mixture or substance containing a detectable amount of methamphetamine — the total amount of methamphetamine involved in the conspiracy — and sentenced him to 120 months’ imprisonment. On direct appeal, a panel of this court reversed his sentence and remanded for resentencing based on the district court’s failure to make particularized findings to support attributing the total quantity to Figueroa. In doing so, the panel noted that it was “reasonably probable” that only 56.7 grams of the methamphetamine mixture could be attributed to Figueroa based on his participation in the conspiracy. See United States v. Figueroa-Labrada, 720 F.3d 1258, 1261-63, 1268 (10th Cir.2013) (“Figueroa I ”).

On remand, the government presented no additional evidence regarding drug quantity, and the district court therefore attributed to Figueroa 56.7 grams of methamphetamine mixture. That amount carried a five-year mandatory minimum sentence under 21 U.S.C. § 841 (b)(1)(B)(viii), and the district court determined Figueroa’s sentencing range was 63 to 78 months. But before his resentencing hearing, Figueroa sought a lower sentencing range, arguing he qualified for a reduced sentence under the “safety-valve” provision of § 3553(f). That provision allows a defendant to receive a sentence lower than an applicable mandatory minimum sentence if, inter alia — “not later than the time of [1297]*1297the sentencing hearing” — he truthfully provides the government all the information he possesses regarding his offenses. Had the district court granted Figueroa’s request, Figueroa would have avoided the five-year mandatory' minimum and qualified for a two-level reduction in his base offense level, thereby lowering his advisory Guidelines range to 51 to 63 months. See U.S.S.G. § 2Dl.l(b)(16).

Although Figueroa did not attempt to cooperate with the government prior to his initial sentencing hearing, he provided enough truthful information before his resentencing hearing to gain the government’s support of his safety-valve request. Specifically, before Figueroa’s re-sentencing hearing, the prosecutor filed an “advisement to the court” indicating that Figueroa had met all five § 3553(f) requirements and specifically affirming that Figueroa had provided the government all information and evidence he possessed concerning the offenses. Further, at Figueroa’s resentencing hearing, the prosecutor characterized Figueroa’s disclosures as “truthful,” reiterated Figueroa had met all five safety-valve requirements, and agreed Figueroa’s safety-valve request was timely, stating “the case law seems to suggest safety valve can be considered for re-sentencing.” Resent. Hr’g Tr., Doc. 412, at 8, 13.

Despite the government’s support of Figueroa’s safety-valve request, the district court denied the request because Figueroa failed to provide the required disclosures prior to his initial sentencing hearing. The court then imposed a 63-month sentence.

Figueroa timely appeals the denial of his safety-valve request.

Discussion

The sole issue in this appeal is whether § 3553(f)’s safety-valve is available to Figueroa, who did not cooperate or seek safety-valve relief prior to his initial sentencing hearing, but instead sought to satisfy the safety-valve requirements for the first time on remand before his resentencing. As a matter of first impression, based on the plain text of § 3553(f), we conclude that when a defendant provides information to the government for the first time on remand, before the resentencing hearing, a district court must consider that information in determining the defendant’s eligibility for a safety-valve sentence.

I. The plain language of 18 U.S.C. § 3553(f) requires a district court to consider information a defendant provides to the government for the first time before the resentencing hearing.

A defendant must satisfy five requirements to be eligible for a reduced sentence under § 3553(f)’s safety-valve provision. Only the fifth requirement, 18 U.S.C. § 3553(f)(5), is at issue here. That subsection mandates imposition of a Guidelines sentence “without regard to any statutory minimum sentence, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that — ”

not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.

18 U.S.C. § 3553(f)(5) (emphasis added).

Stated another way, this section requires the district court to grant safety-[1298]*1298valve relief if it finds (1) at sentencing, (2) after the government has been afforded the opportunity to make a recommendation, (3) that not later than the time of the sentencing hearing the defendant truthfully provided the government all information and evidence the defendant had concerning the offense.

In finding § 3553(f) did not apply to Figueroa’s safety-valve disclosures, the district court emphasized the statute’s requirement that the defendant provide information “not later than the time of the sentencing hearing” — a phrase the district court interpreted to exclude disclosures made before a re sentencing hearing.

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Cite This Page — Counsel Stack

Bluebook (online)
780 F.3d 1294, 2015 U.S. App. LEXIS 4775, 2015 WL 1296563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-figueroa-labrada-ca10-2015.