United States v. Rodriguez-Ferreira

531 F.3d 80, 2008 U.S. App. LEXIS 13765, 2008 WL 2571368
CourtCourt of Appeals for the First Circuit
DecidedJune 30, 2008
DocketNo. 06-2176
StatusPublished

This text of 531 F.3d 80 (United States v. Rodriguez-Ferreira) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Rodriguez-Ferreira, 531 F.3d 80, 2008 U.S. App. LEXIS 13765, 2008 WL 2571368 (1st Cir. 2008).

Opinion

HOWARD, Circuit Judge.

Pursuant to a written plea agreement, Juan C. Rodriguez-Ferreira (Rodriguez) pleaded guilty to a two count indictment for conspiring to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846, and to possession with intent to distribute approximately thirty kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A). The agreement stipulated various sentencing base level reductions so long as Rodriguez met all the safety valve requirements under the sentencing guidelines. See U.S.S.G. § 5C1.2(a). At the [81]*81change of plea hearing Rodriguez was informed, and he acknowledged, that he could not be sentenced below the mandatory minimum sentence of 120 months unless he satisfied the five requirements of § 601.2(a).

It is uncontested that Rodriguez satisfied four of the five safety valve requirements. The government contends, and the district court agreed, that Rodriguez did not fulfill the fifth requirement under 501.2(a), and thus Rodriguez did not fulfill his obligations under the plea agreement. The court imposed a 120 months’ sentence on July 15, 2003. Rodriguez appeals, raising “the lone question of whether the district court incorrectly determined that Rodriguez [ ] did not satisfy each of the factors under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, the ‘safety valve.’ ”

I.SAFETY VALVE

U.S.S.G. § 501.2(a) provides in part:

[T]he court shall impose a sentence in accordance with the applicable guidelines without regard to any statutory minimum sentence, if the court finds that the defendant meets the criteria in 18 U.S.C. § 3553(f)(1)-(5) set forth verbatim below:

(1) ...
(5) 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.

Emphasis added.

We focus on the requirement that Rodriguez was truthfully to provide all of the information and evidence he had concerning the offense or offenses not later than the time of the sentencing hearing.

II. STANDARD OF REVIEW

We review the sentencing court’s factual findings supporting the adverse determination of safety valve eligibility for clear error. United States v. Marquez, 280 F.3d 19, 22 (1st Cir.2002). Our review is thus deferential. Id. at 26. “[A]n appellate court ought not to disturb either findings of fact or conclusions drawn there from unless the whole of the record compels a strong, unyielding belief that a mistake has been made.” United States v. Matos, 328 F.3d 34, 40 (1st Cir.2003). The district court’s determination of an issue of statutory interpretation is reviewed de novo. Marquez, 280 F.3d at 22.

III. BURDEN OF PROOF

Rodriguez bears the burden of showing that he made appropriate and timely disclosures to the government. Id. at 25; United States v. Richardson, 225 F.3d 46, 53 (1st Cir.2000). This burden obliges Rodriguez to prove that the information he supplied in the relevant time frame was both truthful and complete. Marquez, 280 F.3d at 25. “[A] safety valve debriefing is a situation that cries out for straight talk; equivocations, half-truths, and veiled allusions will not do.” Matos, 328 F.3d at 39. “Nothing short of truthful and complete disclosure will suffice [ ] and, therefore, [ ] truthful and complete disclosure is a condition precedent to relief under the safety valve.” Id. “Full disclosure is the price that Congress has attached to relief under the [safety valve] statute.” United States v. Montanez, 82 F.3d 520, 523 (1st Cir.1996).

IV. HEARINGS

The government debriefed Rodriguez. Finding his disclosures lacking, the gov[82]*82ernment filed a notice with the court that Rodriguez had not complied with § 501.2(a). Rodriguez asked the government to detail the specific areas in which he was not truthful or complete. The court held a hearing on Rodriguez’s compliance on October 11, 2002. To assist it in deciding whether or not Rodriguez was compliant, the court requested memoran-da on the arguments and case law. Subsequently, the court entered an order denying Rodriguez’s request for a second debriefing. But, in light of the deadline established by § 501.2(a), the court also allowed Rodriguez to submit a writing in compliance by February 12, 2003. A hearing would then be scheduled, at which the government would be allowed to give voice to its position on Rodriguez’s compliance with the safety valve requirement based on his written statement.

The originally scheduled April 1, 2003, sentencing hearing was called but was converted into an evidentiary hearing on Rodriguez’s safety valve compliance. The court questioned Rodriguez directly. The government, having acquired Rodriguez’s written statement shortly before the hearing, maintained its position that Rodriguez had not provided a truthful and complete statement regarding his criminal offense. Distilled to its essence, the government had evidence—pilot’s logs—indicating Rodriguez’s involvement with approximately 19 flights importing contraband. Rodriguez had maintained his involvement was limited to four or five flights, “more or less.” The government also had a notarized statement from co-defendant Domingo Garcia that indicated Rodriguez was involved in the importation of some 290 kilograms of cocaine. The court asked the government to provide copies of the pilot’s logs that the government maintained proved Rodriguez was not forthcoming. On April 8, 2003, the government submitted the logs, Garcia’s statement, and other evidence.

By order dated June 11, 2003, the district court found Rodriguez had failed to satisfy the fifth requirement of the safety valve provisions and was ineligible for sentencing below the statutory minimum. The sentencing hearing was called again on July 2, 2003, but was continued until July 15 at Rodriguez’s request. Just prior to the final hearing, Rodriguez filed a statement in which he confirmed that the pilot log entries were accurate.

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Related

United States v. Montanez
82 F.3d 520 (First Circuit, 1996)
United States v. Richardson
225 F.3d 46 (First Circuit, 2000)
United States v. Marquez
280 F.3d 19 (First Circuit, 2002)
United States v. Neeley Hawkins Long
77 F.3d 1060 (Eighth Circuit, 1996)
United States v. Jose A. Marin
144 F.3d 1085 (Seventh Circuit, 1998)
United States v. Matos
328 F.3d 34 (First Circuit, 2003)

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Bluebook (online)
531 F.3d 80, 2008 U.S. App. LEXIS 13765, 2008 WL 2571368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rodriguez-ferreira-ca1-2008.