Sentencing Guidelines

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Maurice Collins

Case No.: 18-2149

Officials: WOOD, Chief Judge, and RIPPLE and BARRETT, Circuit Judges.

Focus: Sentencing Guidelines

Maurice Collins pleaded guilty to distributing cocaine and crack cocaine in violation of 21 U.S.C. § 841(a)(1). Because of a prior felony drug conviction, he faced a statutory minimum of ten years in prison, unless he qualified for the “safety valve” in 18 U.S.C. § 3553(f)(5). The district court initially denied Mr. Collins the benefit of the safety valve on a ground that we later determined to be erroneous. Consequently, we vacated his sentence and remanded for further proceedings. See United States v. Collins, 877 F.3d 362, 368–69 (7th Cir. 2017).

On remand, the district court again determined that Mr. Collins did not qualify for the safety valve. The court focused on a statement in his proffer interview about what he intended to do with the significant amount of cash found in his car at the time of his arrest. Doubting the veracity of his claims about the cash, the court concluded that Mr. Collins had not established that he had “truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan.” 18 U.S.C. § 3553(f)(5). Accordingly, the court did not give him the benefit of the safety valve and resentenced him to the statutory mandatory minimum.

Mr. Collins again appeals his sentence. He contends that the district court erred in assessing the relative burdens of proof with respect to his eligibility for the safety valve. He also submits that he provided a truthful and complete disclosure to the Government before sentencing. For the reasons stated below, we affirm the judgment.

Affirmed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.