Safety valve sentencing relief is not available on mere statement in plea agreement that defendant has disclosed all relevant conduct

PLEA AGREEMENT/SENTENCING United States v. Altamirano-Quintero, No. 06-1254, ___ F.3d ___ (10th Cir. Dec. 28, 2007)(Colorado). Appeal of sentence for conspiracy to possess methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846. HELD: District Court did not err by imposing mandatory minimum ten year sentence by finding defendant ineligible for so-called “safety valve” exception for truthfully disclosing all information about offense. Sentence in plea agreement stating that parties believed agreed sentencing range was appropriate “because all relevant conduct is disclosed” should not have been reasonably understood by defendant as stipulation by government that he had met 18 U.S.C. § 3553(f)(5)’s requirement that he truthfully disclose all information regarding his offense in order to qualify for exemption from mandatory minimum sentence. Read the opinion here.