U.S.S.G. §5K1.1

Upon motion of the government stating that the defendant has provided substantial assistance in the investigation or prosecution of another person who

has committed an offense, a sentence that is below the otherwise applicable

guideline range may be appropriate.

(a) The appropriate reduction shall be determined by the court for reasons

stated that may include, but are not limited to, consideration of the following:

(1) the court’s evaluation of the significance and usefulness of the defendant’s assistance, taking into consideration the government’s evaluation of the assistance rendered;

(2) the truthfulness, completeness, and reliability of any information or

testimony provided by the defendant;

(3) the nature and extent of the defendant’s assistance;

(4) any injury suffered, or any danger or risk of injury to the defendant

or his family resulting from his assistance;

(5) the timeliness of the defendant’s assistance.

Commentary

Application Notes:

1. Sentence Below Statutorily Required Minimum Sentence.—Under circumstances set

forth in 18 U.S.C. § 3553(e) and 28 U.S.C. § 994(n), as amended, substantial assistance in the

investigation or prosecution of another person who has committed an offense may justify a sentence below a statutorily required minimum sentence.

2. Interaction with Acceptance of Responsibility Reduction.—The sentencing reduction for

assistance to authorities shall be considered independently of any reduction for acceptance of

responsibility. Substantial assistance is directed to the investigation and prosecution of criminal

activities by persons other than the defendant, while acceptance of responsibility is directed to

the defendant’s affirmative recognition of responsibility for his own conduct.

3. Government’s Evaluation of Extent of Defendant’s Assistance.—Substantial weight

should be given to the government’s evaluation of the extent of the defendant’s assistance, particularly where the extent and value of the assistance are difficult to ascertain.

Background: A defendant’s assistance to authorities in the investigation of criminal activities has

been recognized in practice and by statute as a mitigating sentencing factor. The nature, extent, and

significance of assistance can involve a broad spectrum of conduct that must be evaluated by the court

on an individual basis. Latitude is, therefore, afforded the sentencing judge to reduce a sentence based

upon variable relevant factors, including those listed above. The sentencing judge must, however, state

the reasons for reducing a sentence under this section. 18 U.S.C. § 3553(c). The court may elect to

provide its reasons to the defendant in camera and in writing under seal for the safety of the defendant

or to avoid disclosure of an ongoing investigation.