713 F.3d 474
8th Cir.2013Background
- Ozmon pled guilty to conspiracy to possess with intent to distribute marijuana; district court applied weapon enhancement under § 2D1.1(b)(1) and sentenced him to 209 months.
- Ozmon participated in a large marijuana distribution ring; he acted as a mid-level operative and allowed firearms to be stored at his residence.
- A cooperation agreement limited government use of Ozmon’s self-incriminating statements to denials or contrary evidence presented later; government could use independent evidence.
- After proffer interview, Ozmon admitted storing firearms; he later denied guns at his residence in a PSR objection, triggering use of his prior statements.
- The government introduced testimony and summaries of the proffer; Ozmon objected, arguing the cooperation agreement barred use of those statements.
- District court downwardly departed about 20% for substantial assistance; Ozmon’s coercion/duress claim was denied; final sentence was 209 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cooperation-agreement breach was shown | Ozmon | Ozmon | No breach; statements permissible under agreement |
| Whether the sentence was substantively reasonable | Ozmon | Ozmon | Not substantively unreasonable; within discretion after downward departure |
Key Cases Cited
- United States v. Lopez, 219 F.3d 343 (4th Cir. 2000) (de novo review of legal questions)
- United States v. Brown, 801 F.2d 352 (8th Cir. 1986) (contract-principles governing cooperation agreements)
- United States v. Stobaugh, 420 F.3d 796 (8th Cir. 2005) (ambiguous cooperation provisions construed in defendant’s favor)
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (abuse-of-discretion review for substantive reasonableness)