U.S.S.G. § 5K1.2
Refusal to Assist
§5K1.2. Refusal to Assist (Policy Statement)
A defendant's refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (amendment 291).
* * * * *
2. [DELETED]
Historical Note: The heading to Part K, Subpart 2 (Other Grounds for Departure), effective November 1, 1987, and amended effective November 1, 1990 (amendment 358), was deleted effective November 1, 2025 (amendment 836) due to the deletion of §§5K2.0 through 5K2.24 effective November 1, 1995 (amendment 526), November 1, 2012 (amendment 768), and November 1, 2025 (amendment 836).
Notes of Decisions
Cited in 29
cases (1 in the last 5 years), 1990–2025 · leading case: United States v. Sherrie Tuggle Apple, United States of Am. v. Stacy Nevin Apple, A/K/A Dr. Stachel Pomme, 915 F.2d 899 (4th Cir. 1990).
United States v. Sherrie Tuggle Apple, United States of Am. v. Stacy Nevin Apple, A/K/A Dr. Stachel Pomme, 915 F.2d 899 (4th Cir. 1990). “See U.S.S.G. § 5K1.2, p.s., comment, (backg’d) (Nov.”
United States v. Ronquillo, 508 F.3d 744 (5th Cir. 2007). “2d 424 (1999); U.S.S.G. § 5K1.2 (2004) (“A defendant’s refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor”).”
United States v. Ahmed, 324 F.3d 368 (5th Cir. 2003). “1, a defendant may receive a downward departure in his sentencing for providing substantial assistance to authorities, but this provision does not axiomatically require a sentence enhancement for failing to assist the authorities.”
United States v. Bernard J. Hatch, Jr., United States of Am. v. Kenneth Larry Averitt, 926 F.2d 387 (5th Cir. 1991). “” U.S.S.G. § 5K1.2. If the district judge relied upon this factor as his reason for increasing Averitt’s sentence, he committed error.”
United States v. Josee Antonio Nunez-Rodriguez, 92 F.3d 14 (1st Cir. 1996). “” The October 1988 version of U.S.S.G. § 5K1.2 included a single commentary: “The Commission .”
In Re Sealed Case No. 97-3112, 181 F.3d 128 (D.C. Cir. 1999). “See U.S.S.G. § 5K1.2, p.s. ("A defendant's refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.”
United States v. Shawn W. Jones, 278 F.3d 711 (7th Cir. 2002). “U.S.S.G. § 5K1.2. Jones has cited no authority that suggests that Guideline § 5K1.”
United States v. James M. Klotz, 943 F.2d 707 (7th Cir. 1991). “” The district court ascertained Klotz’s guideline range at 151-188 months’ imprisonment.”
United States v. Adriana Maria Burgos, 276 F.3d 1284 (11th Cir. 2001). “” U.S.S.G. § 5K1.2. This section, however, appears to apply only to departures from the guideline range; that is, the section is irrelevant to the imposition of a sentence within the proper guideline range.”
United States v. Dossie, 851 F. Supp. 2d 478 (E.D.N.Y 2012). “See U.S.S.G. § 5K1.2 (“A defendant’s refusal to assist in the investigation of other persons may not be considered as an aggravating sentencing factor.”
United States v. Janalee Wilson, 345 F.3d 447 (6th Cir. 2003). “2003), upholding a district court’s granting of a 23-level upward departure under U.S.S.G. § 5K1.2 based on the district judge’s finding by a preponderance of the evidence that the defendant murdered his victim in order to facilitate a mail fraud offense.”
Frank Thomas Island v. United States, 946 F.2d 1335 (8th Cir. 1991). “U.S.S.G. § 5K1.2 ("A defendant’s refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.