United States v. Paulino
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court for the Southern District of New York (Duffy, J.) is AFFIRMED.
Defendant-appellant Alejandro Paulino appeals the judgment imposed in the United States District Court for the Southern District of New York, entered June 23, 2004, sentencing him principally to 120 months of imprisonment upon his plea of guilty, without a plea agreement, to conspiracy to distribute and to possess with intent to distribute controlled substances in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(D) and 846. Paulino appeals the district court’s denial of safety valve relief under U.S.S.G. § 5C1.2 and 18 U.S.C. § 3553(f) and the denial of a downward departure for diminished capacity under U.S.S.G. § 5K2.13. We assume the parties’ familiarity with the facts and procedural background of this action.
We review the district court’s interpretation of the Sentencing Guidelines de novo and the district court’s factual findings for clear error. United States v. Rubenstein, 403 F.3d 93, 99 (2d Cir. 2005). Sec. 5C1.2 entitles a defendant to relief from a statutory minimum, provided that the defendant, inter alia, “not later than the time of the sentencing hearing ... truthfully provided to the Government all information and evidence the defendant [had] concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan.” U.S.S.G. § 501.2(a)(5). The defendant seeking safety valve relief bears the burden of proving that he or she fits this criterion. United States v. Gambino, 106 F.3d 1105, 1110 (2d Cir. 1997).
In its sentencing letter, the government identified falsehoods and inconsistencies in Paulino’s proffer statements, including, inter alia, his failure to identify a known confederate, his evident knowledge of the narcotics pipeline between New York City
Although we affirm the district court’s denial of safety valve relief, we reiterate that district courts are required to make their own determinations as to whether defendants satisfy the five conditions for safety valve relief. See United States v. Jeffers, 329 F.3d 94, 98 (2d Cir. 2003). Such findings must be made “with sufficient clarity to permit appellate review.” Gambino, 106 F.3d at 1111 (quoting United States v. Reed, 49 F.3d 895, 901 (2d Cir. 1995)). While appellate review was possible on this record, the district court’s finding could have benefitted from further elaboration. See id.
Because we conclude that Paulino was not eligible for safety valve relief, we need not reach the question of whether the district court erred in denying a downward departure for diminished capacity, U.S.S.G. § 5K2.13, on the ground that Paulino feigned mental retardation.
We have reviewed Paulino’s remaining arguments and find them without merit. For the reasons set forth above, the judgment of the district court imposing sentence is AFFIRMED.
Reference
- Full Case Name
- United States v. Alejandro PAULINO, also known as Alex
- Status
- Published