Criminal Trials, Hearings How do l unseal codefendant's 5K1.1 sentencing records?

[sacrificialgoat]

I need to know what is the procedure to unseal my codefendant's 5k1.1 sentencing documents. I think it might contain exculpatory evidence about me.He was sentencended on 2011. The Government's investigation is no longer ongoing. I was told by my Public Defender that those records are unavailble to me and there is no way I can get access to them.

 

[army judge]

I need to know what is the procedure to unseal my codefendant's 5k1.1 sentencing documents. I think it might contain exculpatory evidence about me.He was sentencended on 2011. The Government's investigation is no longer ongoing. I was told by my Public Defender that those records are unavailble to me and there is no way I can get access to them.

Asked and answered, counselor, move on.

Seriously, your PD is correct.

It would take an act of congress to get those records opened, and even that wouldn't accomplish it.

Now, if you had INFORMATION that would be of interest to the US Attorney, The DEA, The ATF, The DEA, or one of those other acronyms; things could be different.

That said, they call that snitching.

Not tattling mind you, but snitching, does get the attention of certain people.

 

[army judge]

For those wondering:

What is a 5K1.1 letter?

5K1.1 letters are letters that the Assistant United States Attorney (AUSA) writes to a judge, which explains to the court that a defendant has cooperated with the federal government in some important or substantial manner. Some would call it "snitching".


This procedure is described in Section 5K1.1 of the United States Sentencing Guidelines – sometimes, a 5K1.1 letter is an actual letter from the prosecutor to a judge, but more often it is a formal motion made by the AUSA in open court.

The less formal letter or off the record verbal 5K1.1 is normally reserved for cases where the government considers a defendant's cooperation extremely valuable and may be concerned about keeping this fact a secret.

"Downward" departures are normally reserved for those individuals who cooperate with the United States Attorney General's office.


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Why is it important to seek the protection of 1B1.8 before any proffer?

Proffers also referred to as "debriefs" or "free-talks" are meetings between a defendant and the Assistant United States Attorneys or applicable law enforcement agents. The proffer is a means by which a defendant may obtain a 5K1.1 letter by offering the prosecutor information about the instant offense, in addition to agreeing to testify in open court against another. Practically speaking, only about 10% of all defendants receive a 5K1.1 letter by doing so – the other 90% of defendants give vital information to the government with nothing in return and, by doing so, possibly expose themselves to further prosecution and/or weakened defense.

Experienced attorneys do their best to protect the interests of their clients by insisting that Section 1B1.8 of the guidelines go into effect during any debriefing.

Section 1B1.8 states:

1B1.8 Use of Certain Information

(a) Where a defendant agrees to cooperate with the government by providing information concerning unlawful activities of others, and as part of that cooperation agreement the government agrees that self-incriminating information provided pursuant to the agreement will not be used against the defendant, then such information shall not be used in determining the applicable guideline range, except to the extent provided in the agreement.

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[sacrificialgoat]

thanks army judgue, please
Should I be asking for the Proffers/Debrief/Free-Talks instead of the 5k1.1 letters? Are they something separate or ar they part of the same unsealable document?

 

[sacrificialgoat]

thanks army judgue, please
Should I be asking for the Proffers/Debrief/Free-Talks instead of the 5k1.1 letters? Are they something separate or ar they part of the same unsealable document?

 

[army judge]

thanks army judgue, please
Should I be asking for the Proffers/Debrief/Free-Talks instead of the 5k1.1 letters? Are they something separate or ar they part of the same unsealable document?

You've been told, you can't get this.
If you persist in posting the same question, I will ban you forever.

You are beginning to spam, and I won't tolerate it.

DO NOT POST THE SAME POST REPEATEDLY.

Hire a lawyer, or talk to one or a hundred.
They will consult you for free, initially.
You will continue to receive the same answer, no way, will you ever see this stuff.
If you did, it wouldn't help you.
The federal injustice system seeks convictions.
They want high body counts, not justice.
If you don't have millions to fight them, you won't get far.
That said, contact that site I referred you to, they know a few tricks.
Magicians don't give away their tricks, so why should lawyers?