United States v. Anonymous
2010 U.S. App. LEXIS 25987
| 1st Cir. | 2010Background
- Defendant cooperated with authorities after drug trafficking arrests in 2006, aiding dozens of investigations.
- GSR initially projected at 262–300 months; top end would be 327 months due to statutory maximums.
- Government moved for a 13-level downward departure under USSG §5K1.1 for substantial assistance.
- District court deferred plea disposition to sentencing, then held a three-day evidentiary proceeding over months.
- Court considered the assault charge arising from a barroom incident while the defendant was on bail on the federal case.
- Court ultimately granted a seven-level departure, reducing offense level but imposing a 120-month sentence within the reconstituted GSR of 100–125 months due to the assault and other factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial reviewability of a departure sentence post-Booker | Government argues pre-Booker restriction applies | Jiménez-Beltre logic requires review for reasonableness | No jurisdictional bar; reasonableness review under advisory Guidelines applies |
| Mariano factors required to be cognized by the court | Mariano factors must be considered; government’s view controls | Court must consider factors but not necessarily in a formularized way | Court acknowledged Mariano factors and weighed them; no procedural error |
| Use of assault conduct in sentencing after bail violations | Assault was peripheral and improperly emphasized | Courts may consider conduct underlying uncharged or acquitted acts | Permissible; assault impacted only the final placement within the reconstituted GSR |
| Substantive reasonableness of the downward departure | Departure too modest given extensive cooperation | Court balanced harms of enterprise with cooperation and deterrence | Sentence within range of reasonable outcomes; substantively reasonable |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (reasonableness review governs post-Booker sentences)
- Jiménez-Beltre, 440 F.3d 514 (1st Cir. 2006) (en banc; all advisory-guidelines sentences reviewable for reasonableness)
- Turbides-Leonardo, 468 F.3d 34 (1st Cir. 2006) (reasonableness review of advisory-guideline sentences)
- Mariano, 983 F.2d 1150 (1st Cir. 1993) (Mariano factors guide substantial-assistance departures)
- Wade v. United States, 504 U.S. 181 (U.S. 1992) (government motion required for substantial-assistance departure)
- Carrasco-De-Jesús, 589 F.3d 22 (1st Cir. 2009) (post-Booker reasonableness review framework)