As a general rule, the decision of whether to file a Section 851 information is in the hands of federal prosecutors. Unless otherwise mandated by the court or law, the sentencing enhancement sought through…
U.S.C. § 3624(c)(1) directs the BOP to arrange “reentry custody” in a residence within the community, if practicable, during the final months of that term (not to exceed 12 months). While this provision allows…
When facing federal investigation, it is vital to understand the scope and purpose of a proffer agreement, and its inherent limitations. From the outset, it is important to be clear that a proffer agreement…
No, and certainly not in all cases. For example, United States Sentencing Guidelines Section 5K1.1 permits a downward guideline departure for cooperating defendants who provide “substantial assistance” in the investigation or prosecution of another…
Which Sentencing Mechanisms Can Cooperation Actually Unlock? A successful cooperation effort in a federal codefendant case should aim to secure a government motion for substantial-assistance sentencing relief under U.S.S.G. § 5K1.1. Unlike other aspects…
If you are not under subpoena or another form of compulsion, your Fifth Amendment rights permit you to remain silent during a federal criminal investigation. Federal agents can, and do, contact individuals by telephone,…
Sealed docket entries are not reliable indicators of cooperation, as they can signify a range of non-cooperation-related matters, including presentence reports (PSR), sealed indictments, sealed subpoenas, or other non-public filings. While district practices vary,…
In federal criminal trials, prosecutors have a constitutional duty to disclose material evidence affecting the credibility of testifying witnesses. In the Supreme Court case Giglio v. United States, the Court held that the prosecution's…
1. What is protective custody? Protective custody isolates an inmate from identified threats within BOP custody. It is not a privilege granted for good behavior or a status for those who have not committed…
If the government determines that it is necessary to place a witness into WITSEC, it will perform a written assessment. This assessment will balance the necessity of WITSEC placement against the witness’s potential to…