Thursday, June 04, 2009

Timewell Spent

United States v. Timewell, No. 07-4587-cr (2d Cir. June 1, 2009) (Miner, Raggi, Livingston, CJJ)

Here, the circuit held that the district court’s reasons for denying a Crosby remand rendered the sentence procedurally unreasonable. It remanded the case for reconsideration, with instructions.


Gregory Timewell was a major international trafficker in marijuana and hashish. In the late 1990's, he was prosecuted in the Eastern District of New York, where he cooperated with the government. In 1998, he signed a cooperation agreement, which included a list of his assets that he agreed to forfeit to the government. Three years later, it emerged that Timewell had misled the government about some of his assets - millions of dollars hidden in Switzerland. His explanation was that, at the time of his original cooperation, he believed that the money had been appropriated by one of his associates. He later learned that this was not true, but did not tell the government, a violation of his cooperation agreement. As a result of this, in 2001, he pled guilty to making false statements to the government.

Timewell was sentenced in 2004, before Booker. His offense level was 41: a subtotal of 44, which included a 2-level increase for obstruction of justice based on his concealment of assets, less 3 levels for acceptance of responsibility, which produced a 324-to-405-month sentencing range. The government decided to honor cooperation agreement and made a 5K1.1 motion, urging a “substantial” sentence reduction in light of Timewell’s “extensive” cooperation, which included testimony at a co-defendant’s trial. The court downwardly departed, but only to 275 months’ imprisonment.

The Crosby Remand

In preparation for the Crosby remand, Timewell’s counsel again recounted the scope of Timewell’s cooperation, and also noted that one of Timewell’s co-conspirators received a 120-month sentence. Also before the district court were letters from the government, and a former DEA agent who had debriefed Timewell.

At the Crosby hearing, the assistant again praised Timewell for his forthrightness in cooperating, and noted that a different co-conspirator had received a 180-month sentence with no 5K1.1 motion. The government asked the court to give “serious consideration and weight to the argument” that there should not be a “significant disparity” between Timewell and that co-conspirator.

Despite this, the district court remained concerned about Timewell’s earlier failure to disclose some assets. The court entered an order in October 2007 in which it decided not to resentence Timewell. First, the court found no unwarranted sentencing disparity between Timewell and his co-defendants because, unlike them, Timewell violated his cooperation agreement by failing to disclose assets. The court also took into account that the government typically refuses to file a 5K1.1 motion at all when a cooperator has violated the plea agreement, and noted that it had for this reason imposed a sentence “substantially” longer than it otherwise might have.

The Appeal

On appeal, the circuit vacated that order, and remanded the case with instructions. The court identified five procedural errors in the district court’s approach.

First, the lower court did not “respond directly” to the inquiry “required” by Crosby - whether the sentence would have been “materially different from the sentence originally imposed” had the district court known that the sentencing guidelines were not mandatory.

In addition, the court erred in taking into account what it perceived to be the government’s customary practice of voiding plea agreements whenever a defendant violates one of its terms. There was no evidence before the district court that such a practice existed, and it was procedural error to rest a sentence on a “clearly erroneous finding of fact.”

The district court also erred by increasing Timewell’s sentence based on this supposed “practice” in the first place. “That the government usually voids cooperation agreements upon a breach by the defendant should not be a reason to constrain a district court from giving proper effect to a 5K1.1 letter if the government decides to submit [one] notwithstanding the defendant’s breach.”

Fourth, the court erred in its belief that, absent a 5K1.1 motion, the guidelines would have recommended a life sentence. In fact, the range was 324 to 405. A district court errs when it “makes a mistake in its Guidelines calculation.”

Finally, the court mischaracterized Timewell’s unwarranted disparities argument by including more co-defendants in its analysis than Timewell had proposed as a basis for comparison. The district court included defendants who had been sentenced after Timewell was sentenced, but under Crosby a court considering a remand must limit its decision to the circumstances “existing at the time of the original sentence.”

The circuit remanded the case and directed that the district court consider the Crosby inquiry “without consideration of past practices of the government in regard to the rescission of cooperation agreements.” In addition, if the court decides to revisit the original sentence, it should consider (1) the sentencing disparities among co-defendants; (2) the government’s recommendation of a “substantial” departure from the guidelines “in view of Timewell’s excellent cooperation”; and (3) the factors set forth in § 5K1.1 itself.



Anonymous James Johnson said...

Sounds interesting!

August 28, 2009 at 2:45 AM  
Blogger sharon said...

affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
levitra online is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 ativan online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. buy viagra no prescription cheap prices Buy Viagra best solution Adipex against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Cheap Viagra online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 11, 2010 at 4:54 AM  
Blogger sharon said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax you can buy adderall
and other try Xanax
you can Buy xanaxand also try to use
Phentermine also try buy adderall
and some
Buy Phentermine Online
and many others use
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Buy Tramadol best prices Ultram online pharmacy Ambien Online best price.

August 11, 2010 at 4:56 AM  
Blogger sharon said...

Many use Ambien Online Today.
viagra no prescription popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescriptionCialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Viagra Online
can be found online Viagra

Viagra Online is an FDA approved medication.
Viagra Online narcotic pain-reliever.
buy viagra for sensation of pain.
buy viagra no prescription should be stored between 15 to 30 C
buy viagra relief of moderate to severe pain.
Buy Viagra Online
tablets is 5 to 30 mg every 4 hours. Buy Viagra Online
narcotic pain-relievers generic viagra
may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Buy Viagra online
best price Adderall online sale
for you alprazolam
for pain Ativan Online
on sale today cheap viagra
here. Buy Cialis online today
Buy Phentermine Online
big sale Buy Phentermine in UK pharmacy
Buy Cialis cheapest prices
Buy Valium today
generic cialis
Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia
best pharmacy Lorazepam
best offer Alprazolam
best choice accutane online here.

August 11, 2010 at 5:03 AM  
Blogger sharon said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are Phentermine you can find

online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis online in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.
viagra no prescription narcotic analgesic product
Purchase Viagra relieve moderate to severe pain
Viagra Alternative You can find Buy VIagra Online and
Klonopin to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 11, 2010 at 5:04 AM  
Blogger sharon said...

Clonazepam Looking where to buy CLONAZEPAM online? Not a problem! CLONAZEPAM - BUY NOW! Discreet Package High Quality Clonazepam Only Guaranteed
Codeine is used to relieve mild to moderate pain. It is also used, usually in combination with other medications, to reduce coughing.
Buy Codeine Online is your free source for buying codeine medication on the internet such as fioricet, fiorinal, tylenol, paracetamol, panadeine
Buy Codeine Online Cheapest Pharmacy - No prescription needed! ... buy tylenol with codeine buy codeine online without prescription
zolpidem uk buy zolpidem tartrate without a prescription buy zolpidem tartrate online buy zolpidem tartrate 10 mg tablet buy zolpidem tartrate
Zolpidem no prescription, fast shipping. Click Here to Order Zolpidem Online. Not a member? Sign Up... Create and customise a profile. ...
Acomplia Acomplia ( Rimonabant ) is a last achievement of European pharmacology, the safest and most powerful Phentermine alternative.
Buy Alprazolam
Buy Alprazolam Online
Alprazolam Direct From Pharmacy. Canadian Pharmacy, Best Prices. Valid pharmacy recognized by the CFA. Money Back Guarantee!
buy Alprazolam online no prescription buy alprazolam online without prescription ... buy alprazolam powder cheap alprazolam without prescription
Buy Oxycontin cheap from discount overseas foreign pharmacy - Order generic oxycodone prescription meds at low price.
Oxycodone , Order oxycodone online with fast discreet shipping, buy oxycodone online save money.

August 11, 2010 at 5:11 AM  
Anonymous adobe acrobat x pro download said...

In this blog is very nice great finance advise to them.

November 10, 2011 at 1:05 PM  
Anonymous Anonymous said...

Buy Adipex Online [url=] Buy Adipex [/url]
Adipex Online[url=] phentermine [/url]
Oxycontin [url=] Online Oxycontin[/url]
Viagra [url=]Viagra [/url]

November 23, 2012 at 4:55 PM  
Anonymous Anonymous said...

Vkgfyuvkj [url=]オークリー サングラス[/url] Skcvdtjdt Foqqrwnsz [url=]オークリー アウトレット[/url] Ouxudctay Ckmfirxsm [url=]オークリー ゴルフ[/url] Tnsptlrnm Tytkmromc [url=]オークリー メガネ[/url] Uwdklertb Ymvbutwhs Courajkzq

December 23, 2012 at 11:17 AM  
Anonymous Anonymous said...

A BB gun can be a kind of air gun that takes advantage of spherical projectiles [url=]cheap Gucci[/url]
shoot the goal. The BB guns most famed n n model would be the Red-colored Ryder BB gun that is certainly modelled for the western Winchester rifle. Eye safety is n n crucial when working with a BB Weapons as they generally ricochet off n n tricky surfaces on impression.

January 7, 2013 at 1:25 PM  
Anonymous Anonymous said...

Cialis Price[url=]Cialis [/url]
Generic Viagra[url=]Generic Viagra[/url]
Viagra [url=]Viagra [/url]

January 8, 2013 at 11:10 AM  
Anonymous Anonymous said...


January 10, 2013 at 7:39 PM  
Anonymous Anonymous said...

levitra [url=] levitra [/url]
Online Oxycodone[url=] Oxycodone Online [/url]
Ativan[url=] Ativan[/url]
Buy Cialis Online [url=]Buy Cialis Online [/url]

January 15, 2013 at 2:43 AM  
Anonymous Anonymous said...

Viagra[url=]viagra online without prescription[/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]

January 17, 2013 at 11:11 AM  
Anonymous Anonymous said...

Buy Ambien Online[url=]Ambien [/url]
Adipex [url=] phentermine without prescription[/url]

January 21, 2013 at 1:06 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 13, 2013 at 10:40 PM  
Anonymous Anonymous said...

Physical impotence occurs when there is a problem with
any of the essential systems to obtain or maintain an erection.
Performance anxiety is the most popular psychological cause and it is about fears that young
guys often get after failing to have a hard erection for one time.
Tip: If you are at a red light, they squint, the buttocks and
imagine they were holding a coin.

my web page; Buy Viagra In Canada

March 15, 2013 at 7:37 AM  
Anonymous Anonymous said...

Me and ozzy fucked more difficult, trying to show to my god!
FUCK YES!' just before cumming inside my warm pussy. were still fucking

Here is my page - hcg injections

March 16, 2013 at 9:19 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) viagra online without prescription **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 22, 2013 at 9:12 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 22, 2013 at 9:36 AM  
Anonymous Anonymous said...

Adipex [url=] Adipex Online[/url]

April 19, 2013 at 12:55 PM  
Anonymous Anonymous said...

ambien, [url=]ambien[/url],

ambien, [url=]ambien[/url],

ambien, [url=]ambien[/url],

ambien, [url=]ambien[/url],

ambien, [url=]ambien[/url],

May 24, 2013 at 10:16 AM  
Anonymous Anonymous said...

viagra[url=]Viagra Without Prescription [/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]
Viagra Online Without Prescription[url=]Viagra Online Without Prescription[/url]

May 25, 2013 at 2:33 PM  
Anonymous Anonymous said...

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

Closeing Spinn ----->

May 26, 2013 at 3:00 PM  
Anonymous Anonymous said...

The problem is often attributed to the physical health of the penis
when things go awry in the bedroom for a man. While it
is true that conditions such as blood pressure, diabetes, heart health or other problems
with the plumbing can contribute to a less than Oscar-worthy
performance between the sheets, there may also be psychological factors at play.
Psychological factors account for about 10-20 % of all
cases of erectile dysfunction. Additionally, some problems that originate as a one-time physical issue can actually turn into a recurring psychological problem.
Maintaining proper penis health and learning not to sweat the small stuff may help
keep self-confidence in the bedroom high and erections firm.

Feel free to visit my weblog: Sildenafil

May 27, 2013 at 3:36 PM  
Anonymous Anonymous said...

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

June 4, 2013 at 5:19 AM  
Anonymous Anonymous said...

I am in fact glad to glance at this web site posts which includes
tons of helpful facts, thanks for providing these kinds of data.

Also visit my web-site abonnement xbox live gratuit

August 6, 2014 at 2:19 PM  

Post a Comment

<< Home