Federico
United States v. Federico
Opinion
Opinion
Henderson, J.
ORDER
This matter comes before the court on defendant Dennis Federico’s motion to declare Fed.R.Crim.P. 35(b) and 18 U.S.C. § 3553 (e) unconstitutional. After careful consideration of the parties’ papers and oral arguments of counsel, we hereby grant the motion, and order sentencing procedures in accordance with this Opinion.
In June 1988, Federico plead guilty to a violation of 21 U.S.C. § 841 (a)(1) for possession with intent to distribute cocaine. The penalty for that violation ranges from a mandatory minimum of ten years imprisonment to a maximum sentence of life imprisonment. 21 U.S.C. § 841 (b)(1)(A).
Defendant contends that two criminal code provisions could be applied in his case to possibly reduce his sentence below the ten year minimum. 18 U.S.C. § 3553 (e) allows a court to “impose a sentence below a level established by statute ... so as to reflect a defendant’s substantial assistance in the investigation or prosecution of another person who has committed an offense.” Similarly, Fed.R.Crim.P. 35(b) permits a court to reduce an already established sentence to reflect a defendant’s subsequent assistance with law enforcement officials.