U.S. v. Maduka

19 Citing cases

  1. United States v. Barron

    940 F.3d 903 (6th Cir. 2019)   Cited 39 times
    Discussing the fifth factor, “[t]his includes information about ‘the offense of conviction and all relevant conduct . . . making the safety valve's requirement ‘greater than the requirement for an acceptance of responsibility under U.S.S.G. § 3E1.1.”

    This includes "complete information regarding the immediate chain of distribution." United States v. Maduka , 104 F.3d 891, 894 (6th Cir. 1997). These "requirements reflect the fact that the safety valve ‘was intended to benefit only those defendants who truly cooperate.’ "

  2. U.S. v. Dottery

    259 F. App'x 812 (6th Cir. 2008)   Cited 5 times
    In United States v. Dottery, 259 F. App'x 812 (6th Cir. 2008), the defendant pleaded guilty to the use of a telephone in facilitation of drug distribution and distributing 50 grams or more of crack cocaine.

    Id. (quoting § 5C1.2(5)). See also United States v. Maduka, 104 F.3d 891, 894 (6th Cir. 1997). A defendant's statement that he has given the government "all they asked," even if true, does not satisfy his burden of proof under the provision.

  3. United States v. Johnson

    1:21CR706 (N.D. Ohio Apr. 26, 2023)

    This includes “complete information regarding the immediate chain of distribution.” United States v. Maduka, 104 F.3d 891, 894 (6th Cir. 1997).

  4. United States v. Tobias

    1:22CR164 (N.D. Ohio Jan. 18, 2023)

    This includes “complete information regarding the immediate chain of distribution.” United States v. Maduka, 104 F.3d 891, 894 (6th Cir. 1997).

  5. United States v. Jackson

    CRIMINAL ACTION NO. 13-66-DCR (E.D. Ky. Dec. 31, 2014)

    18 U.S.C. §3553(f)(5) (emphasis added). Thus, defendant has not met his burden to show that he was eligible for safety valve relief.See, e.g., United States v. Maduka, 104 F.3d 891, 894 (6th Cir. 1997) ("Every court which has considered the issue has held that § 5C1.2 requires a defendant to provide complete information regarding the immediate chain of [drug] distribution."). Because counsel cannot be ineffective for failing to make a meritless argument, defendant's ineffective assistance of counsel claim must concomitantly fail.

  6. U.S. v. Stewart

    CASE NO. 1:06 CR 594 (N.D. Ohio Jun. 22, 2011)

    During his proffer, Defendant offered information on his role in the conspiracy, his immediate chain of distribution including the street name of his cocaine dealer, indentified the person who taught him how to manufacture crack cocaine, the names of some of his largest crack purchasers as well as his relevant knowledge of co-conspirators he recognized from the government produced document ( Appendix II) or street names, and his knowledge of other drug dealers in the neighborhood. SeeAppendix IV;see also United States v. Maduka, 104 F.3d 891, 894 (6th Cir. 1997) ("Every court which has considered the issue has held that § 5C1.2 requires a defendant to provide complete information regarding the immediate chain of distribution"); United States v. Arrington, 73 F.3d 144, 148 (7th Cir. 1996); United States v. Ivester, 75 F.3d 182, 184 (4th Cir. 1996); United States v. Romo, 81 F.3d 84, 85 (8th Cir. 1996); United States v. Shrestha, 86 F.3d 935, 939 (9th Cir. 1996); United States v. Thompson, 81 F.3d 877, 879-80 (9th Cir. 1996); United States v. Acosta-Olivas, 71 F.3d 375, 379 (10th Cir. 1995); Rodriguez, 69 F.3d at 143; United States v. Wrenn, 66 F.3d 1, 3 (1st Cir. 1995).

  7. United States v. Tobias

    101 F.4th 473 (6th Cir. 2024)   Cited 3 times
    Noting that 4-ANPP is a direct precursor to fentanyl and some fentanyl analogues

    If a defendant commits a drug offense that "depends upon the active participation of other people," he must disclose information about those individuals' participation. United States v. Maduka, 104 F.3d 891, 894 (6th Cir. 1997). This includes "complete information regarding the immediate chain of distribution." Id.

  8. United States v. White

    553 F. App'x 521 (6th Cir. 2014)   Cited 4 times

    We do not address White's argument that he is entitled to specific performance beyond noting that, if the Government were compelled to file a substantial-assistance motion, the district court would not be able to depart below the 240-month statutory minimum because White did not provide substantial assistance. See United States v. Maduka, 104 F.3d 891, 894-95 (6th Cir. 1997) (Section 5K1.1 "requires a defendant to provide substantial assistance in fact"). D.

  9. U.S. v. Henderson

    307 F. App'x 970 (6th Cir. 2009)   Cited 18 times
    Finding that a defendant's evasive statements during a pre-trial suppression hearing indicated that he had not accepted responsibility for his offense

    In meeting this burden, "[t]he defendant is required to provide complete information regarding not only the offense of conviction, but also any relevant conduct, including disclosure of information regarding the participation of other people in the offense." Salgado, 250 F.3d at 459 (citing United States v. Maduka, 104 F.3d 891, 894 (6th Cir. 1997)). As this Court has noted, Congress enacted the "safety valve" provision to "more equitably mete out justice to cooperating individuals playing minor roles in such conspiracies."

  10. U.S. v. Mulero-Algarin

    535 F.3d 34 (1st Cir. 2008)   Cited 13 times
    Concluding that the government could withhold a similar motion in view of the defendant's initial "minimization" of his role in the offense, even though the defendant later "trie[d] to correct his retinency" (citing United States v. Licona-López, 163 F.3d 1040, 1044 (8th Cir. 1998) ("[T]he government does not act irrationally in refusing to file" such a motion for a defendant who has been untruthful with the authorities.))

    To qualify for a safety valve reduction, a defendant must among other things truthfully provide all information he possesses about the offense of conviction. See USSG § 5C 1.2(a)(5); see also United States v. Maduka, 104 F.3d 891, 894-95 (6th Cir. 1997). The scope of the disclosure demanded by this subsection is expansive.