United States v. Jimenez, Docket No. 05-2221-cr (2d Cir. June 5, 2006) (Walker, Newman, Sotomayor) (per curiam):
(By James Stull, rising 2-L at Stanford Law School and intern at FDNY)
The safety valve remains difficult to open for defendants convicted of drug offenses under 21 U.S.C. §§ 841, 844, 846, 960, and 963. In an opinion by Chief Judge Walker, the Circuit affirms a district court’s ruling that Booker does not shift the burden of truthful disclosure, required for safety-valve relief, to the prosecution to prove beyond a reasonable doubt. While Jimenez fulfilled four of the five factors required by § 3553(f) for safety-valve relief, at issue is the fifth factor, namely whether Jimenez revealed to the Government all relevant facts of the “offense or offenses that were part of the same course of conduct or of a common scheme or plan,” and, if not, whether it was his …