Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Jason Allen MILLER, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided August 5, 1998No. 97-50417PublishedCited by 20 opinions

1Opinion of the Court

RYMER, Circuit Judge:

We must again decide whether a defendant has to disclose all that he knows about relevant conduct that is part of the same course of conduct or common scheme as the offense for which he was convicted in order to qualify for the “safety valve” under 18 U.S.C. § 3553(f).

We held in United States v. Washman, 128 F.3d 1305 (9th Cir.1997), that a defendant must do so, but we declined to address a statutory argument that Washman waived but Miller now makes: that use of the term “offense or offenses” limits the disclosure required to the offense of conviction. 1 Because §…

2Cases cited11 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. UNITED STATES of America, Plaintiff-Appellee, v. Yvonne N. AJUGWO, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
  3. United States v. Sixto Humberto Sanchez, United States of America v. Reyes Acebes Barajas, United States of America v. Richard T. TerronesCourt of Appeals for the Ninth Circuit · 1990
  4. United States v. Robert Arrington, Jacqueline K. Burch, A/K/A Jacqueline Sullivan, and Howard "Moose" BakerCourt of Appeals for the Seventh Circuit · 1996
  5. United States v. Shakiru Adu, A/K/A Alhaji ShakiruCourt of Appeals for the Sixth Circuit · 1996

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3Cited by20 opinions

  1. O'NEAL v. PriceCourt of Appeals for the Ninth Circuit · 2008
  2. United States v. Altamirano-QuinteroCourt of Appeals for the Tenth Circuit · 2007
  3. United States v. Joaquin Rojas-Coria, Also Known as KinienoCourt of Appeals for the Eighth Circuit · 2005
  4. O'NEAL v. PriceCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. Olave-ValenciaDistrict Court, S.D. California · 2005

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