At page 1305 Determining eligibility for safety-valve relief despite prior dishonesty41 citing cases“lies and omissions do not, as a matter of law, disqualify a defendant from safety-valve relief so long as the defendant makes a complete and truthful proffer not later than the commencement of the sentencing hearing.”
- United States v. Roxanna Flores-Alvarado, No. 24-10590 (11th Cir. Sept. 8, 2026).unpublished(The question of whether the information [the defendant] supplied to the government the morning of his sentencing was truthful and complete . . . is a factual finding for the district court.)
- United States v. Galvon-Manzo, 642 F.3d 1260 (10th Cir. 2011).published(We follow those circuits who have held that lies and omissions do not, as a matter of law, disqualify a defendant from safety-valve relief so long as the defendant makes a complete and truthful proffer not later than t…)
- United States v. Victor Rojas Madrigal, 327 F.3d 738 (8th Cir. 2003).published (We follow those circuits who have held that lies and omissions do not, as a matter of law, disqualify a defendant from safety-valve relief so long as the defendant makes a complete and truthful proffer not later than t…)
- United States v. Rodolfo Maisonet, 121 F.4th 194 (11th Cir. 2024).published Id. at 1303-04.
- United States v. Joncy Torrianne Hall, No. 23-14036 (11th Cir. Aug. 27, 2024).unpublished Importantly, “lies and omissions do not, as a matter of law, disqualify a defendant from safety-valve relief so long as the defendant makes a complete and truthful proffer not later than the commencement of the sentencing hearing.” United…
- United States v. Romae Rhoando Jordan, No. 20-14643 (11th Cir. Oct. 22, 2021).unpublishedSee Johnson, 375 F.3d at 1301 ; Brownlee, 204 F.3d at 1305.
- United States v. Henry Bonilla Arias, No. 19-11835 (11th Cir. Oct. 28, 2019).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir. 2000).
- United States v. Mario Alberto Cervante-Sanchez, 659 F. App'x 530 (11th Cir. 2016).unpublishedUnder this requirement, “[t]he burden is on the defendant to come forward and to supply truthfully to the [GJovernment all the information that he possesses about his involvement in the offense, including information relating to the involv…
- United States v. Alvin Martinez, 506 F. App'x 900 (11th Cir. 2013).unpublished United States v. Johnson, 375 F.3d 1300, 1301 (11th Cir.2004); United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
- United States v. Jose Enrique Barreto, 486 F. App'x 16 (11th Cir. 2012).unpublished United *19 States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
Show 26 more citing cases
- United States v. Henry, 673 F.3d 285 (4th Cir. 2012).publishedAidoo, 670 F.3d at 610 . (citing United States v. Nuzzo, 385 F.3d 109 , 119 n. 25 (2d Cir.2004); United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000)).
- United States v. Aidoo, 670 F.3d 600 (4th Cir. 2012).published ([T]he evidence of [the defendant’s prior] lies becomes part of the total mix of evidence for the district court to consider in evaluating the completeness and truthfulness of the defendant’s proffer.” (internal quotati…)
- Krecht v. United States, 846 F. Supp. 2d 1268 (S.D. Fla. 2012).published United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
- United States v. Micklewhite, 430 F. App'x 801 (11th Cir. 2011).unpublished“The question of whether the information [a defendant] supplied to the government [at] his sentencing was truthful and complete [ ] is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000…
- United States v. Derek Lamar Pope, 424 F. App'x 827 (11th Cir. 2011).unpublished “The question of whether the information [that the defendant] supplied to the government . . . was truthful and complete . . . is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir. 2000). 2…
- United States v. Matthew David James, 424 F. App'x 856 (11th Cir. 2011).unpublished"The question of whether the information [that the defendant] supplied to the government ... was truthful and complete ... is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000). 5 .
- United States v. Lloyd Powell, Jr., 387 F. App'x 491 (5th Cir. 2010).unpublished(We follow those circuits who have held that lies and omissions do not, as a matter of law, disqualify a defendant from safety-valve relief so long as the defendant makes a complete and truthful proffer not later than t…)
- United States v. Pedro Mario Caro-Perez, 313 F. App'x 221 (11th Cir. 2009).unpublished“The question of whether the information [the defendant] supplied to the government ... was truthful and complete ... is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
- United States v. Sergio Villegas-Ortiz, 300 F. App'x 718 (11th Cir. 2008).unpublishedLies and omissions do not necessari *720 ly disqualify a defendant from safety-valve relief as long as the defendant “makes a complete and truthful proffer not later than the commencement of the sentencing hearing.” United States v. Brownl…
- United States v. Jerome Earl Wallace, 285 F. App'x 645 (11th Cir. 2008).unpublishedWe have also held that a defendant’s lies or omissions will not as a matter of law preclude eligibility for safety-valve relief “so long as the defendant makes* a complete and truthful proffer • not later than the commencement of the sente…
- United States v. Steven Lawrence Lake, 274 F. App'x 784 (11th Cir. 2008).unpublished“The question of whether the information [that the defendant] supplied to the government ... was truthful and complete ... is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
- United States v. Hector Perez-Cordova, 260 F. App'x 158 (11th Cir. 2007).unpublished“The question of whether the information [that the defendant] supplied to the government ... was truthful and complete ... is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir. 2000). “[L]i…
- United States v. Erubes Ramirez-Martinez, 230 F. App'x 936 (11th Cir. 2007).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
- United States v. Alex Gheorghiu, 178 F. App'x 873 (11th Cir. 2006).unpublished “The question of whether the information [that the defendant] supplied to the government ... was truthful and complete ... is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
- United States v. Julio Camacho, 168 F. App'x 367 (11th Cir. 2006).unpublished“The question of whether the information [that *371 the defendant] supplied to the government ... was truthful and complete ... is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
- United States v. Hirard Esperance, 165 F. App'x 814 (11th Cir. 2006).unpublished“The question of whether the information [that the defendant] supplied to the government ... was truthful and complete ... is a factual finding for the district court.” United States v. Brownlee, 204 F.3d 1302, 1305 (11th Cir.2000).
- United States v. Jose Rolando Garcia, 405 F.3d 1260 (11th Cir. 2005).published U.S.S.G. § 5C1.2; United States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000).
- United States v. Humberto Cruz Alvarado, 326 F.3d 857 (7th Cir. 2003).published See also United States v. Schreiber, 191 F.3d 103, 107-10 (2d Cir. 1999) (using commencement of sen- tencing hearing as end-point); United States v. Tournier, 171 F.3d 645, 647-48 (8th Cir. 1999) (same); United States v. Gama-Bastidas, 142…
- United States v. Wayne Jeffers, 329 F.3d 94 (2d Cir. 2003).published (noting that a defendant’s prior lies are relevant to the truthful disclosure requirement)
- United States v. Jose Salutiano-Hernandez, 215 F. App'x 935 (11th Cir. 2007).unpublished
- United States v. Julio Antonio Diaz, 194 F. App'x 842 (11th Cir. 2006).unpublished
- United States v. Ubaldo Enrique Niebla Narvaez, 285 F. App'x 720 (11th Cir. 2008).unpublished
- United States v. John Walker, 390 F. App'x 947 (11th Cir. 2010).unpublished
- United States v. David Danso, 664 F.3d 936 (D.C. Cir. 2011).published
- United States v. Enelio Niebla, 545 F. App'x 914 (11th Cir. 2013).unpublished
- United States v. Manuel Arias, No. 22-10075 (11th Cir. Oct. 7, 2022).unpublished
At page 1304 Applying safety-valve relief to drug offenses27 citing casesNothing in the statute suggests that a defendant who previously lied or withheld information from the government is automatically dis- qualified from safety-valve relief.
- United States v. Brijido Mejia-Pimental, 477 F.3d 1100 (9th Cir. 2007).published(Nothing in the statute suggests that a defendant who previously lied or withheld information from the government is automatically dis- qualified from safety-valve relief.)
- United States v. Brian C. Weiler, 652 F. App'x 913 (11th Cir. 2016).unpublishedIn United States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir. 2000), we explained that the safety-valve provision of U.S.S.G. § 5C1.2 allows a court to sentence a defendant in certain drug-possession cases without regard, to any statutory m…
- United States v. Jeremy Bayne Lynch, 595 F. App'x 943 (11th Cir. 2014).unpublishedHowever, under the “safety valve” provision, the district court “shall impose a sentence pursuant to the [Sentencing Guidelines] without regard to any statutory minimum sentence, if the court finds at sentencing, after the Government has b…
- United States v. Fernando Acevedo-Fitz, 739 F.3d 967 (7th Cir. 2014).publishedSee United States v. Rodriguez, 676 F.3d 183, 190-91 (D.C.Cir.2012) (concluding that defendant who lies during safety-valve debriefings remains eligible for relief if he comes clean before sentencing); United States v. Aidoo, 670 F.3d 600,…
- United States v. Aidoo, 670 F.3d 600 (4th Cir. 2012).published See United States v. Nuzzo, 385 F.3d 109 , 119 n. 25 (2d Cir.2004) (“While a district court may find the fifth criterion of the safety valve satisfied despite prior lies and omissions, neither a district court nor this Court is precluded f…
- United States v. Anita Simone Smellie, 404 F. App'x 345 (11th Cir. 2010).unpublishedThe safety valve provision in the sentencing guidelines, “which implements 18 U.S.C. § 3553 (f), requires a district court to sentence a defendant in certain drug-possession cases without regard to any statutory minimum sentence if the def…
- United States v. Julio Cesar Avalos Cerpas, 397 F. App'x 524 (11th Cir. 2010).unpublishedThe safety-valve provision permits the court to impose a sentence below a statutory-minimum sentence if a defendant meets the five criteria set forth in the statutory subsection. 18 U.S.C. § 3553 (f); U.S.S.G. § 5C1.2; United States v. Bro…
- United States v. Eric Cunningham, 322 F. App'x 927 (11th Cir. 2009).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000).
- United States v. Elias Cruz, 319 F. App'x 822 (11th Cir. 2009).unpublishedThe safety-valve provision permits the court to impose a sentence below a statutory minimum sentence if a defendant meets the five criteria set forth in the statutory subsection. 18 U.S.C. § 3553 (f); U.S.S.G. § 5C1.2; United States v. Bro…
- United States v. Felix A. Hernandez, 313 F. App'x 253 (11th Cir. 2009).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000).
Show 15 more citing cases
- United States v. Michael Anthony Tognaci, 300 F. App'x 752 (11th Cir. 2008).unpublishedIn United States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000), we explained that the safety-valve provisions of § 5C1.2 implement 18 U.S.C. § 3553 (f) and permit a sentence below a statutory minimum sentence; if a defendant meets the c…
- United States v. Oscar Damian Rios-Calle, 284 F. App'x 632 (11th Cir. 2008).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000).
- United States v. Derrick Dante Clark, 265 F. App'x 846 (11th Cir. 2008).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000).
- United States v. Frank Eugene Kerley, 230 F. App'x 919 (11th Cir. 2007).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000). 3 There is no dispute that Kerley met four of the five criteria.
- United States v. Stallings, 194 F. App'x 827 (11th Cir. 2006).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir. 2000).
- United States v. Dexter Hubbard, No. 03-11905 (11th Cir. Sept. 7, 2006).unpublishedUnited States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir. 2000).
- United States v. Alberto Lazaro Horta, 163 F. App'x 821 (11th Cir. 2006).unpublishedWe have held that “nothing in the statute suggests that a defendant who previ *823 ously lied or withheld information from the government is automatically disqualified from safety-valve relief.” United States v. Brownlee, 204 F.3d 1302, 13…
- United States v. Jose Rolando Garcia, 405 F.3d 1260 (11th Cir. 2005).published U.S.S.G. § 5C1.2; United States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000).
- United States v. Wayne Jeffers, 329 F.3d 94 (2d Cir. 2003).published See also Schreiber, 191 F.3d at 107 (“[A]s a practical matter, a defendant who changes his or her story to match the government’s evolving knowledge of the events risks irrevocably undermining his or her credibility.”); United States v. Br…
- United States v. Sydney Samuel Hamilton, 154 F. App'x 775 (11th Cir. 2005).unpublished
- United States v. Jose Salutiano-Hernandez, 215 F. App'x 935 (11th Cir. 2007).unpublished
- United States v. Carlos Rodriguez-Colon, 296 F. App'x 767 (11th Cir. 2008).unpublished
- United States v. Freeman, 139 F. Supp. 2d 1364 (S.D. Fla. 2001).published
- Wilson Daniel Winthrop-Redin v. United States, 767 F.3d 1210 (11th Cir. 2014).published
- United States v. Heraldo Mojica, Jr., No. 17-15777 (11th Cir. Oct. 26, 2018).unpublished
At page 1303 cited at this page1 citing case
- United States v. Rodolfo Maisonet, 121 F.4th 194 (11th Cir. 2024).published Id. at 1303-04.
v.
Elliott R. BROWNLEE, Defendant-Appellant
Appellant Elliott Brownlee appeals the district court’s denial of U.S.S.G. § 5C1.2 safety-valve relief. The application of the federal sentencing guidelines to uncontroverted facts is a legal issue to be reviewed de novo. United States v. Clavijo, 165 F.3d 1341, 1343 (11th Cir.1999).
I. BACKGROUND
Appellant, Elliott Brownlee, entered a plea of guilty on August 14, 1997, to six counts involving conspiracy to possess with intent to distribute cocaine base and cocaine under 21 U.S.C. § 846, possession of those substances with intent to distribute under 21 U.S.C. § 841(a)(1), and distribution of those substances under 21 U.S.C. § 841(a)(1). Upon his arrest in January 1997, Brownlee gave a proffer regarding his drug activity to a Drug Enforcement Administration task force agent. In this proffer, Brownlee admitted to his involvement in the sale of cocaine, but he did not truthfully disclose the source of the cocaine at this time, nor on later occasions.
On January 8, 1998, the day before Brownlee’s sentencing hearing, Brownlee’s trial counsel contacted the prosecutor, telling him that Brownlee would meet with him before the sentencing hearing to disclose information. On the morning of Brownlee’s sentencing hearing, Brownlee met with the prosecutor and case agent and disclosed that co-defendant Alfred[*1304] Wright, Jr. was the source of the cocaine. The district court then conducted the sentencing hearing for co-defendant Alfred Wright, Jr., at which the government called Brownlee as a witness. On the witness stand, Brownlee testified that Alfred Wright was the source of the cocaine. After the district court sentenced Wright, it conducted Brownlee’s sentencing hearing. Finding that Brownlee’s base offense level was 32, the district court added a two-level enhancement pursuant to U.S.S.G. § 3C1.1 for obstruction of justice, and reduced that level by three offense levels for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1, resulting in a total offense level of 31. The district court sentenced Brownlee to 120 months imprisonment, the mandatory minimum for his offenses. Had the district court applied safety-valve relief for Brownlee, he would have been entitled to a two-level reduction pursuant to U.S.S.G. § 2D1.1(b)(6), resulting in an offense level of 29 and a sentencing range of 87-108 months.
II. DISCUSSION
In 1994 Congress enacted a provision allowing district courts to sentence less-culpable defendants without regard to the mandatory minimum sentences in certain cases. See U.S.S.G. § 5C1.2. This Guideline has been nicknamed the “safety-valve” provision. The safety valve provision, which implements 18 U.S.C. § 3553(f), requires a district court to sentence a defendant in certain drug-possession cases “without regard to any statutory minimum sentence” if the defendant meets five criteria. U.S.S.G. § 5C1.2; United States v. Figueroa, 199 F.3d 1281 (11th Cir.2000). If the Court determines that all five criteria are met, “ ‘the court shall impose a sentence pursuant to [the Guidelines] without regard to any statutory minimum sentence.’ ” United States v. Real-Hernandez, 90 F.3d 356, 361 (9th Cir.1996) (citing U.S.S.G. § 5C1.2). There is no dispute in this case that the first four criteria of § 5C1.2 are satisfied. The sole issue on appeal is whether Brownlee satisfied U.S.S.G. § 5C1.2(5), which provides:
Not later than the time of the sentencing hearing, the defendant has 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, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
U.S.S.G. § 5C1.2(5). The government argues that the Court should read § 5C1.2(5) as requiring a defendant to disclose all information in good faith. The government further contends that defendant’s previous lies about his knowledge do not constitute disclosing information in good faith. See United States v. Ramunno, 133 F.3d 476 (7th Cir.1998) (stating that § 5C1.2 benefits only those defendants who have made a good faith attempt to cooperate with the authorities) (citations omitted). We decline to adopt the government’s view.
The plain language of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2 provides only one deadline for compliance, “not later than the time of the sentencing hearing.” United States v. Schreiber, 191 F.3d 103, 106 (2nd Cir.1999). It is undisputed that Brownlee met this deadline. Nothing in the statute suggests that a defendant who previously lied or withheld information from the government is automatically disqualified from safety-valve relief. Id. A similar situation to Brownlee’s occurred in United States v. Tournier, 171 F.3d 645 (8th Cir.1999). In Tournier, the defendant gave three interviews prior to sentencing, each time disclosing information that was untruthful. The defendant later gave a fourth interview prior to sentencing, where she completely and truthfully disclosed the relevant information. Upon such disclosure, the district court granted the defendant safety-valve relief. In affirming that[*1305] decision, the Eighth Circuit declined to adopt the government’s view that safety-valve relief should not apply to defendants who wait until the last minute to fully cooperate. The court held that since the defendant had finally provided truthful and complete information before the sentencing hearing, although the court admitted that obtaining truthful information from that defendant had been “grudging and fitful,” like “pulling teeth,” she was entitled to safety-valve relief. Id. at 647. See also United States v. Gama-Bastidas, 142 F.3d 1233 (10th Cir.1998) (holding that defendant’s attempt to furnish information to the court and the government in the Judge’s chambers prior to the sentencing hearing was not “too late” to be entitled to safety-valve relief). “Moreover, to the extent that the government’s interest in disclosure could justify penalizing defendants who lie or withhold information during proffer sessions, a similar scheme already exists independent of the safety valve.” See Schreiber, 191 F.3d at 108 (citing U.S.S.G. § 3C1.1 (obstruction of justice)). We follow those circuits who have held that lies and omissions do not, as a matter of law, disqualify a defendant from safety-valve relief so long as the defendant makes a complete and truthful proffer not later than the commencement of the sentencing hearing. Id.
This does not mean that the defendant’s prior lies are completely irrelevant. In making this determination, the evidence of his lies becomes “part of the total mix of evidence for the district court to consider in evaluating the completeness and truthfulness of the defendant’s proffer.” Schreiber, 191 F.3d at 108.
The question of whether the information Brownlee supplied to the government the morning of his sentencing was truthful and complete, however, is a factual finding for the district court. United States v. Espinosa, 172 F.3d 795, 797 (11th Cir.1999) (stating that it is the district court’s responsibility to determine the truthfulness of the information the defendant provided to the government). Because the district court disqualified Brownlee from safety-valve relief at the threshold, the.district court never considered the factual question of whether his final proffer was complete and truthful.
III. CONCLUSION
We therefore VACATE Brownlee’s sentence and REMAND with instructions that the district court resentence Brownlee in accordance with this opinion.