Filed: Apr. 24, 2001
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 98-3280 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Michael Byers, * * [UNPUBLISHED] Appellant. * _ Submitted: April 20, 2001 Filed: April 24, 2001 _ Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges. _ PER CURIAM. Michael Byers pleaded guilty to possessing with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1)
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 98-3280 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Michael Byers, * * [UNPUBLISHED] Appellant. * _ Submitted: April 20, 2001 Filed: April 24, 2001 _ Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges. _ PER CURIAM. Michael Byers pleaded guilty to possessing with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1)...
More
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 98-3280
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Michael Byers, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: April 20, 2001
Filed: April 24, 2001
___________
Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
___________
PER CURIAM.
Michael Byers pleaded guilty to possessing with intent to distribute cocaine base,
in violation of 21 U.S.C. § 841(a)(1). Because he had refused to identify any of his
drug suppliers or customers to the government, citing his religious and moral beliefs,
the district court1 denied his request for safety-valve relief under 18 U.S.C. § 3553(f)(5)
and U.S.S.G. § 5C1.2(5), and sentenced him to 120 months imprisonment and 5 years
supervised release. Byers challenges the denial on appeal.
1
The Honorable E. Richard Webber, United States District Judge for the Eastern
District of Missouri.
We conclude that Byers did not satisfy the requirements for safety-valve relief,
and that the district court did not clearly err in denying it. See United States v.
Tournier,
171 F.3d 645, 647 (8th Cir. 1999) (standard of review); United States v.
Santana,
150 F.3d 860, 864 (8th Cir. 1998) (defendant carries burden of demonstrating
that he has truthfully provided to government all information he knows about relevant
crime); United States v. Romo,
81 F.3d 84, 85 (8th Cir. 1996) (to receive safety-valve
relief, defendant is obligated to provide information about identities and participation
of others involved in chain of distribution); cf. United States v. McQuay,
7 F.3d 800,
802-03 (8th Cir. 1993) (requiring defendant to incriminate self to “reap the benefit of”
acceptance-of-responsibility reduction does not punish him for exercise of Fifth
Amendment right).
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
-2-