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U.S. v. CARPENTER

No. 96-5745.

142 F.3d 333 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. William L. CARPENTER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 17, 1998.

Attorney(s) appearing for the Case

Michael E. Winck (argued and briefed), Asst. U.S. Attorney, Office of the U.S. Attorney, Knoxville, TN, for Plaintiff-Appellee.

C. William Swinford, Jr. (argued and briefed), Lexington, KY, for Defendant-Appellant.

Before: NORRIS and CLAY, Circuit Judges, and BORMAN, District Judge.

OPINION

ALAN E. NORRIS, Circuit Judge.

This appeal presents an issue of first impression for this circuit: Does a defendant's refusal to testify at criminal proceedings involving co-conspirators preclude him from receiving the benefit of the United States Sentencing Guidelines' "safety valve" provision? We conclude that it does not.

Congress added the "safety valve" provision to the federal sentencing scheme in the Mandatory Minimum Sentencing Reform...

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