United States v. William L. Carpenter

OPINION

ALAN E. NORRIS, Circuit Judge.

This appeal presents an issue of first impression for this circuit: Does a defendant’s refusal to testify at criminal proceedings involving co-conspirators preclude him from receiving the benefit of the United States Sentencing Guidelines’ “safety valve” provision? We conclude that it does not.

Congress added the “safety valve” provision to the federal sentencing scheme in the Mandatory Minimum Sentencing Reform Act of 1994, 18 U.S.C. § 3553(f). This provision requires district courts to ignore the statutory minimum sentences of specified drug trafficking…