United States v. Gerardo Antonio Sanchez-Leyva
17-11246
| 11th Cir. | Dec 14, 2017Background
- Sanchez-Leyva pled guilty to possession with intent to distribute and conspiracy to distribute 50+ grams of methamphetamine.
- He sought a two-level sentencing reduction under the safety-valve provision (U.S.S.G. § 5C1.2), claiming he had truthfully provided the government all information about relevant conduct.
- At sentencing, neither party disputed the PSI facts; the government argued Sanchez-Leyva had been untruthful in his proffer/interview.
- Agents testified Sanchez-Leyva handled backpacks containing 15 kg of cocaine during a 2013 Atlanta incident and gave conflicting accounts about a package of marijuana delivered to his home.
- The district court found these omissions and inconsistencies showed he had not provided complete and truthful information and denied safety-valve relief.
- The Eleventh Circuit reviewed factual findings for clear error and affirmed the denial of safety-valve relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sanchez-Leyva satisfied §5C1.2(a)(5) by truthfully providing all information about the same course of conduct | Sanchez-Leyva: he truthfully disclosed relevant information at the safety-valve interview and deserved the reduction | Government: he omitted and contradicted information about related drug activity (2013 Atlanta cocaine, marijuana package), so he was not fully truthful | Court: affirmed denial — district court did not clearly err in finding Sanchez-Leyva untruthful and therefore ineligible for safety-valve relief |
Key Cases Cited
- United States v. Milkintas, 470 F.3d 1339 (11th Cir. 2006) (standard of review for safety-valve denial)
- United States v. Johnson, 375 F.3d 1300 (11th Cir. 2004) (defendant bears burden to show all §5C1.2 criteria met)
- United States v. Cruz, 106 F.3d 1553 (11th Cir. 1997) (scope of information defendant must supply about involvement and chain of distribution)