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    United States v. Neal, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case in which Sheila Neal appealed her 120-month sentence for conspiracy to distribute cocaine and crack cocaine. The Court of Appeals affirmed the district court's ruling that Neal was ineligible for a downward departure (shorter sentence) under the safety valve provision. The district court found that Neal failed to prove she had truthfully provided all information about the offense to the government, a required criterion for the safety valve. The Court of Appeals held that the district court did not clearly err in finding Neal had not satisfied all the safety valve requirements.

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    United States v. Neal, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case in which Sheila Neal appealed her 120-month sentence for conspiracy to distribute cocaine and crack cocaine. The Court of Appeals affirmed the district court's ruling that Neal was ineligible for a downward departure (shorter sentence) under the safety valve provision. The district court found that Neal failed to prove she had truthfully provided all information about the offense to the government, a required criterion for the safety valve. The Court of Appeals held that the district court did not clearly err in finding Neal had not satisfied all the safety valve requirements.

    Original Description:

    Filed: 2011-04-04 Precedential Status: Non-Precedential Docket: 10-4682

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    This document summarizes a United States Court of Appeals case in which Sheila Neal appealed her 120-month sentence for conspiracy to distribute cocaine and crack cocaine. The Court of Appeals affirmed the district court's ruling that Neal was ineligible for a downward departure (shorter sentence) under the safety valve provision. The district court found that Neal failed to prove she had truthfully provided all information about the offense to the government, a required criterion for the safety valve. The Court of Appeals held that the district court did not clearly err in finding Neal had not satisfied all the safety valve requirements.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    11 views3 pages

    United States v. Neal, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Sheila Neal appealed her 120-month sentence for conspiracy to distribute cocaine and crack cocaine. The Court of Appeals affirmed the district court's ruling that Neal was ineligible for a downward departure (shorter sentence) under the safety valve provision. The district court found that Neal failed to prove she had truthfully provided all information about the offense to the government, a required criterion for the safety valve. The Court of Appeals held that the district court did not clearly err in finding Neal had not satisfied all the safety valve requirements.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-4682

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    SHEILA ROCHELLE NEAL,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    N. Carlton Tilley,
    Jr., Senior District Judge. (1:09-cr-00261-NCT-3)

    Submitted:

    March 31, 2011

    Decided:

    April 4, 2011

    Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Stacey D. Rubain, QUANDER & RUBAIN, P.A., Winston-Salem, North


    Carolina, for Appellant.
    John W. Stone, Jr., Acting United
    States Attorney, Lisa B. Boggs, Assistant United States
    Attorney, Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Sheila R. Neal appeals the 120-month sentence imposed
    by the district court following a guilty plea to conspiracy to
    distribute 500 grams or more of cocaine and fifty grams or more
    of cocaine base (crack), in violation of 21 U.S.C. 846,
    841(a), (b)(1)(A) (2006).

    On appeal, Neal contends that the

    district court erred in concluding that she was ineligible for a


    downward departure based on the safety valve provision in 18
    U.S.C. 3553(f) (2006) and U.S. Sentencing Guidelines Manual
    (USSG) 5C1.2(a)(1)-(5) (2009).
    that

    the

    district

    court

    Specifically, Neal contends

    improperly

    found

    that

    she

    failed

    to

    prove that she had truthfully provided to the Government all of


    the information that she had concerning the offense.
    A

    district

    courts

    determination

    of

    We affirm.
    whether

    defendant has satisfied the safety valve criteria is a question


    of fact reviewed for clear error. United States v. Wilson, 114
    F.3d 429, 432 (4th Cir. 1997).

    This deferential standard of

    review requires reversal only if we are left with the definite


    and firm conviction that a mistake has been committed. United
    States v. Stevenson, 396 F.3d 538, 542 (4th Cir. 2005) (quoting
    Anderson v. Bessemer City, 470 U.S. 564, 573 (1985)).
    A district court shall impose a sentence within the
    applicable guideline range, but without regard to any mandatory
    minimum sentence if a defendant meets five requirements.
    2

    18

    U.S.C. 3553(f); USSG 5C1.2.

    These requirements are: (1) the

    defendant does not have more than one criminal history point;
    (2) the defendant did not use violence or credible threats of
    violence in connection with the offense; (3) the offense did not
    result in death or serious bodily injury; (4) the defendant was
    not an organizer, leader, manager, or supervisor; and (5) the
    defendant truthfully provides the Government with all evidence
    the

    defendant

    has

    concerning

    the

    offense.

    3553(f)(1)-(5); USSG 5C1.2(a)(1)-(5).

    18

    U.S.C.

    The defendant bears

    the burden to show that the prerequisites for application of


    the safety valve provision, including truthful disclosure has
    been met.
    (4th

    Cir.

    United States v. Beltran-Ortiz, 91 F.3d 665, 669


    1996).

    The

    district

    court

    is

    free

    to

    reject

    defendants claim of full disclosure for credibility reasons.


    Id. at n.4.
    Our review of the record leads us to conclude that the
    district court did not clearly err in finding that Neal failed
    to

    establish

    U.S.C.

    that

    she

    3553(f),

    district

    courts

    USSG

    had

    satisfied

    5C1.2.

    judgment.

    We

    the

    requirements

    Accordingly,
    dispense

    with

    we

    of

    affirm

    oral

    18
    the

    argument

    because the facts and legal contentions are adequately presented


    in the materials before the court and argument would not aid the
    decisional process.
    AFFIRMED
    3

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