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United States v. Doe

United States Court of Appeals, Second Circuit

December 20, 2013

UNITED STATES of America, Appellee,
v.
John DOE, Defendant-Appellant.

Submitted: Dec. 9, 2013.

Page 360

[Copyrighted Material Omitted]

Page 361

Katherine Alfieri, Law Offices of Katherine Alfieri, New York, NY, for Appellant John Doe.

Emily Berger, Nathan D. Reilly, Assistant United States Attorneys, for Loretta E. Lynch, United States Attorney, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee United States of America.

Before: CABRANES, SACK, and WESLEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Defendant-appellant John Doe (" defendant" or " Doe" ) appeals from the June 20, 2012 judgment of conviction of the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge ), sentencing him principally to a term of 72 months' imprisonment for participation in a conspiracy to violate the federal narcotics laws, in violation of 21 U.S.C. § 846, and for participating in a money-laundering conspiracy, in violation of 18 U.S.C. § 1956(h). We consider two issues on appeal: (1) whether the District Court erred in denying Doe's motion to compel the government to provide him with a recommendation letter under U.S.S.G. § 5K1.1 or 18 U.S.C. § 3553(e) pursuant to a Cooperation Agreement (the " Agreement" ); and (2) the reasonableness of his sentence.

Page 362

We hold that the government properly exercised its discretion in deciding not to file a § 5K1.1 or § 3553(e) motion based on its good-faith assessment that Doe had breached his agreement to remain free of criminal activities, and that Doe's sentence was reasonable. Accordingly, we AFFIRM the judgment of the District Court.

BACKGROUND

In late 2007, Doe was arrested for coordinating shipments of cocaine from Mexico to the United States for a Mexican-based drug trafficking organization. Upon his arrest, Doe entered into the Agreement with the government, the relevant portion of which stated that

[t]he defendant must at all times give complete, truthful, and accurate information and testimony, and must not commit, or attempt to commit, any further crimes. Should it be judged by the [United States] Attorney's Office that the defendant has failed to cooperate fully, has intentionally given false, misleading or incomplete information or testimony, has committed or attempted to commit any further crimes, or has otherwise violated any provision of this agreement, the defendant ...

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