UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
GIOVANI YATE, DEFENDANT-APPELLANT
PER CURIAM: Defendant Giovani Yate appeals his 120-month sentence for conspiracy to import cocaine in violation of 21 U.S.C. § 963. This case presents the issue of whether a sentencing court’s finding that a defendant has truthfully admitted the conduct comprising the offense of conviction for purposes of an acceptanee-of-responsibility reduction under U.S.S.G. § 3E1.1, is incompatible with a finding that the defendant has failed to satisfy the requirement of U.S.S.G. § 5C1.2(5) that the defendant truthfully disclose to the government all information and evidence that he has about the offense and all relevant conduct. A sentencing court’s conclusion that a defendant accepted responsibility under section 3E1.1 does not preclude a finding that the defendant has failed to meet the affirmative-disclosure requirement of section 5C1.2(5): briefly stated, section 5C1.2(5) is a “tell-aii ” provision, demanding a different kind of disclosure than section 3E1.1 demands. See United States v. Sabir, 117 F. 3d 750, 752 (3d Cir.1997) (“[T]he acceptance of responsibility provisions in the guidelines plainly do -not subsume all of a defendant’s responsibilities under the safety valve provisions.”); United States v. Arrington, 73 F. 3d 144, 149 (7th Cir.1996) (“[T]he admission of responsibility necessary to obtain a reduction under § 3El.l(a) is not necessarily sufficient to satisfy [§ 5C1.2(5) ].”); United States v. Adu, 82 F. 3d 119, 124 (6th Cir.1996) (“[T]he fact that the defendant qualified for a two-level acceptance of responsibility reduction under § 3El.l(a) does not establish eligibility for a safety valve reduction under § 5C1.2.”).
We therefore AFFIRM Yate’s sentence. AFFIRMED. . We do not decide whether a defendant who has satisfied the requirement of section 5C1.2(5) is entitled to a reduction for acceptance of responsibility: That issue is not before us. .
Section 5C1.2(5) requires the defendant to “truthfully provide!] 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[.]“ In contrast, for an acceplance-of-responsibility reduction, “a defendant is not required to volunteer, or affirmatively admit, relevant conduct beyond the offense of conviction.... A defendant may remain silent in respect to relevant conduct beyond the offense of conviction without affecting his ability to obtain [the reduction,]” as long as the defendant does not falsely deny relevant conduct. U.S.S.G. § 3E1.1, comment. (n.l(a)). .Yate’s other arguments — about the factual sufficiency of his disclosure, a mitigating-role reduction, and a downward departure — lack merit and do not warrant discussion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Johnson, 375 F.3d 1300 (11th Cir. 2004)…“tell-aZZ ” provision: to meet its requirements, the defendant has an affirmative responsibility to “truthfully disclose to the government all information and evidence that he has about the offense and all relevant conduct.” United States v. Yate, 176 F. 3d 1309, 1310 (11th Cir.1999). See also U.S.S.G. § 5C1.2, comment, (n.3) (“ ‘[O]ffense or offenses that were part of the same course of conduct or of a common scheme or plan,’ as used in subsection (a)(5), mean the offense of conviction and all relevant co…