How Does the “Safety Valve” in Drug Conspiracy Prosecutions Work?

Federal drug laws impose harsh mandatory minimum sentences for persons convicted of drug conspiracy, drug trafficking, and related crimes. One way that a defendant can obtain a more lenient sentence is through the so-called safety valve provision of federal law. The safety valve allows a trial court to impose a below-minimum sentence if the defendant meets several conditions.

Appeals Court Upholds 10-Year Sentence in Florida Cocaine Case

One condition for safety valve relief is that the defendant must “truthfully provide[] to the Government all information and evidence” that they have regarding the underlying drug trafficking or conspiracy. This is known as the “tell-all provision.” In order to take advantage of the tell-all provision, the defendant must make a “complete and timely” disclosure of what they know to the government prior to their sentencing hearing.

The United States Court of Appeals for the 11th Circuit recently clarified the legal standards surrounding the safety valve. In United States v. Maisonet, law enforcement intercepted a package containing cocaine. A few days later, the defendant attempted to pick up the package from the local Post Office. Federal agents then took the defendant into custody and conducted an interrogation. The defendant admitted that the cocaine belonged to him and that he routinely received shipments of the drug from Puerto Rico.

Prosecutors subsequently charged the defendant with drug conspiracy and possession with intent to distribute cocaine. The defendant pleaded guilty. He further agreed to cooperate with law enforcement in its ongoing investigation.

What the defendant failed to disclose, however, was that he continued to be involved in cocaine trafficking. In fact, he was arrested several weeks after law enforcement connected him to another cocaine shipment from Puerto Rico. The defendant admitted after-the-fact that he’d “arranged” for this shipment as part of the same underlying drug conspiracy.

Given these new revelations, the trial court determined the defendant did not qualify for safety valve relief. The court sentenced the defendant to 10 years in prison, the mandatory minimum required by law.

On appeal, the 11th Circuit upheld the sentence, although it took issue with some of the trial court’s conclusions. Specifically, the trial judge held that the defendant’s “lies and continuing criminal activity” made him ineligible for safety valve relief as a matter of law. Not so, the 11th Circuit held. The statute does not require the defendant to “tell-all” upfront. Nor does it matter that the defendant’s cooperation was initially “prompted by a government investigation.”

That said, the 11th Circuit continued, the trial court had more than adequate basis to make a factual determination the defendant “did not disclose everything about his drug distribution offense” prior to sentencing. As such, he was not entitled to a new sentencing hearing.

Contact an Orlando Cocaine Trafficking Lawyer Today

If you are caught up in a state or federal drug trafficking investigation, you should never speak to law enforcement without first consulting an attorney. Our Orlando cocaine trafficking lawyers can review your case and advise you on what steps to take next. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

media.ca11.uscourts.gov/opinions/pub/files/202213124.pdf