United States v. Juan Flores

I. Background

Defendant pleaded guilty to a charge of conspiracy to pos- sess cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841 and 846, pursuant to a plea agreement in which the Government promised to dismiss two other charges and to recommend a sentencing reduction for Defendant’s accep- tance of responsibility. The agreement also contemplated a “[p]otential [d]eparture” for Defendant’s substantial assis- tance in the form of a motion under either U.S.S.G. § 5K1.1, Fed. R. Crim. P. 35, or both. “Substantial assistance” is defined in the agreement as “complete, truthful, forthright, material, important, valuable and meaningful information.” The Government’s obligations are prescribed in the agree- ment as follows: UNITED STATES v. FLORES 3529 The United States will consider and evaluate any written proffer or nature of information and the rec- ommendations of law enforcement. If the prosecu- tion concludes that the assistance provided is substantial, truthful, and complete, as required, a departure motion determined by the government to be appropriate under the circumstances will be made. By this agreement the defendant is not offered or…