For “safety valve” sentence reduction, defendant has affirmative duty to provide all information and evidence about charged and related offenses

SENTENCING United States v. Stephenson, No. 05-3165, ___ F.3d ___ (10th Cir. Jun. 29, 2006)(Kansas). Appeal of convictions and sentence for possession of cocaine with intent to distribute and conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and § 846. HELD: Where defendant provided proffer letter to government disclosing information about charged offense but minimized role and failed to provide information about larger drug conspiracy and scheme by stating that he was willing to make further disclosures if asked, district court correctly concluded that defendant failed to qualify for “safety valve” provisions of sentencing guidelines at U.S.S.G. § 2D1.1(b)(6). To qualify for “safety valve” sentence reduction, defendant has affirmative duty to provide government with all information and evidence he possesses concerning charged or related offenses. “Safety valve” requirements are not met by only disclosing some information and making rest available at request of government. Read the opinion here.