United States v. James P. Valente

James P. Valente was sentenced to 39 months imprisonment. In imposing this sentence, the district court departed downward below the statutory minimum sentence for the crime of which Valente was convicted. It did so in response to the government’s motion for such a departure based upon Valente’s substantial assistance. See 18 U.S.C. § 3553 (e) and Sentencing Guideline § 5K1.1.

In this appeal, Valente contends that once the court departed below the mandatory minimum sentence pursuant to the government’s motion, it was free to depart even further downward based upon Va-lente’s “aberrant” behavior which resulted in his conviction.

We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

DISCUSSION

Valente and four other defendants were indicted on two counts. Count I charged a violation of 21 U.S.C. § 846 , conspiracy to manufacture in excess of 1000 marijuana plants. Count II charged violations of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 , manufacture, and aiding and abetting the manufacture, of more than 1000 marijuana plants.

Valente and three of the other defendants entered negotiated guilty pleas. One defendant went to trial before a jury and was found guilty on both…