United States v. James P. Valente

DAVID R. THOMPSON, Circuit Judge:

James P. Valente was sentenced to 39 months imprisonment. In imposing this sentence, the district court departed downward below the statutory minimum sentence for the crime of which Valente was convicted. It did so in response to the government’s motion for such a departure based upon Valente’s substantial assistance. See 18 U.S.C. § 3553(e) and Sentencing Guideline § 5K1.1.

In this appeal, Valente contends that once the court departed below the mandatory minimum sentence pursuant to the government’s motion, it was free to depart even further downward based…