United States v. Rivera

AMENDED STATEMENT OF REASONS

JOHN GLEESON, District Judge:

PRELIMINARY STATEMENT

When a defendant in a federal criminal case “proffers” in the hope of getting a cooperation agreement but fails to obtain such an agreement and later pleads (or is found) guilty, does the sentencing judge learn about the incriminating information he disclosed at the proffer and consider it when imposing the sentence?

This case places the importance of that question in the starkest possible relief. If the answer is no, Luis Rivera gets sentenced as a fairly run-of-the-mill heroin trafficker with an advisory…