United States v. Collins

Collins pleaded guilty to distributing cocaine and crack cocaine, 21 U.S.C. 841(a)(1). Because of a prior felony drug conviction, he faced a statutory minimum of ten years in prison, unless he qualified for the “safety valve,” 18 U.S.C. 3553(f)(5). On remand, the district court again determined that Collins did not qualify for the safety valve. The court focused on a statement in his proffer interview that he intended to use $40,000 cash found in his car at the time of his arrest, at least $15,000 of which were cocaine sales proceeds, to purchase a new car. Doubting the veracity of that claim, the court concluded that Collins had not established that he had “truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan,” 18 U.S.C. 3553(f)(5). The Seventh Circuit affirmed. Although Collins provided ample correct information about his offenses, the court weighed the record and concluded that Collins had not established his eligibility because his explanations about the cash were not credible. This conclusion was not clearly erroneous. It was a difficult decision on disputed facts. View "United States v. Collins" on Justia Law