| Defendant
Called Ineligible For Safety Valve For
Lack of Truthful Statement in EDNY Plea
Deal
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC -
Honduras
- CIA
Trial Book - NY
Mag
EDNY COURTHOUSE,
August 18 – A man who
pled guilty to conspiracy to
bring kilos of cocaine into
New York from California is
set to be sentenced in the
U.S. District Court for the
Southern District of New York
on August 24.
EDNY
prosecutors argue that he is
not eligible for the "safety
value;" upon request they have
provided a copy to Inner City
Press of the plea agreement,
which is for the mandatory
minimum five years that only
the safety valve, or
cooperating, would get
defendant Henrick Foster out
of.
Inner City
Press is publishing the plea
agreement on its DocumentCloud
here,
as part of its Campaign Of
Open Courts; the sentencing
memo, since we've paid to view
it on PACER, is now available
to all on CourtListener.
EDNY
Assistant US Attorney Lax
argued that "the defendant is
not “safety value” eligible.
Specifically, the defendant
has not provided a complete
and truthful statement
regarding his involvement in
the instant offense or
offenses that were part of the
same course of conduct or of a
common scheme or plan.
Therefore, he has not
satisfied all the factors of
U.S.S.G. § 5C1.2(a) and/or 18
U.S.C. § 3553(f) and is
subject to the statutory
minimum 60-month
sentence."
And again, here
via EDNYnews' Spokesman John
Marzulli who answered this
(but not yet other questions
or requests) is the executed
plea agreement, to 60 months,
here.
***
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