Federal USSG 5k1.1 Motion for Substantial Assistance & Cooperation Case Results

Featured: USA v John Doe*

Court

U.S. Middle District of Florida, Tampa Division

Case Result

Probation. Client decided to cooperate with federal authorities with hopes of receiving a sentence reduction. Client testified truthfully as a government witness. As a result, the government reduced client’s charges, waived the mandatory minimum, and filed a 5k1.1 motion for sentence reduction on our client’s behalf. Client received a federal probation sentence.

Additional Case Results

USA v JOHN DOE* U.S. Middle District of Florida, Tampa Division
Case Result: House arrest and probation. After being busted by the Fed’s, our client sought our advice. Given the overwhelming evidence against our client, he decided to help the government prosecute and punish another suspect who was much more involved and had a far lengthier criminal history. As a result, the government rewarded our client by asking for a reduced sentence the time of sentencing. Even though he had cooperated, the government still wanted our client to do some prison time, however, the Court agreed with our argument on behalf of the client and imposed house arrest followed by federal probation.
USA v JOHN DOE* U.S. Middle District of Florida, Tampa Division
Case Result: House arrest and probation. The Government filed a 5k1.1 motion for downward departure on our client’s behalf based upon the fact that he agreed to testify against a co-conspirator who was a career criminal. However, the government still asked the Court to sentence our client to federal prison. Meanwhile, our client was a first time offender who had never been in trouble with the law and had been out of custody for several years without incurring any law violations. After a one-hour contested sentencing hearing the Court agreed to give our client house arrest and probation.
USA v JOHN DOE* U.S. Middle District of Florida
Case Result: 18-level 5k1.1 and rule 35 downward departure and 851 enhancement withdrawn. Our client’s sentence went from a PSR projected 22-year guideline sentence to serving just over 4 years. Our client was indicted as part of multiple year, multiple member drug trafficking conspiracy. Given a realistic analysis of the evidence and odds of getting the case dismissed based upon attorney Tim Bower Rodriguez’s experience, our client decided to cooperate with the federal government on his own case plus provide information and testimony on three other unrelated cases. In exchange, the government agreed to withdraw the requirement of a 20 year mandatory minimum sentence pursuant to 21 USC 851, moved the Court for a 5k1.1 motion for sentence reduction, and two subsequent rule 35 motions based upon his or her continued cooperation and substantial assistance to authorities even after imprisonment.
USA v JOHN DOE* U.S. Middle District of Florida, Tampa Division
Case Result: 13-level sentence reduction based upon cooperation and time-served sentence. Our client agreed to testify against other defendants involved in the multi-member criminal conspiracy. Our client testified as a government witness and received a 5k1.1 motion for sentence reduction. Attorney Tim Bower Rodriguez persisted in efforts to persuade the federal prosecutor to file a post-sentencing reduction of sentence via a federal rule of criminal procedure rule 35 motion, which only the government can file. After several months of persistence and reminders by our legal team, the federal government agreed to file a rule 35 motion for sentence reduction. At a hearing on the motion, the government essentially agreed to and the Court imposed a credit time served sentence. Our client’s original release date was projected at April, 2020 instead she was actually released in January, 2015.
USA v JOHN DOE* U.S. Middle District of Florida, Tampa Division
Case Result: Mandatory minimum waived & sentence reduced. The government filed a 5k1.1 motion for downward departure based upon our client cooperating, providing information to federal agents, and agreeing to testify against a co-conspirator. As a result, our client was sentenced below the 5-year mandatory minimum.
USA v JOHN DOE* U.S. Middle District of Florida, Tampa Division
Case Result: 924(c) gun-count dropped & sentence reduced. One of the codefendants involved in the sale of cocaine showed up at the multi-kilo drug deal with a gun. Our client did not know that the codefendant had a gun and only found out after he was arrested. Our client agreed to testify against the gun-toting member of the criminal conspiracy. As part of the cooperation agreement negotiated by attorney Tim Bower Rodriguez, the Government agreed to drop the most serious charge – the 18 USC 924(c) count – against our client. As a result, our client was sentenced to 60 months less imprisonment than he otherwise would have been.
USA v JOHN DOE* U.S. Middle District of Florida, Tampa Division
Case Result: The Government originally took the position that our client was not entitled to a 5k1.1 substantial assistance motion for sentence reduction. However, our legal team uncovered the fact that our client’s assistance led to the arrest, conviction and sentence of several people. We provided proof of this cooperation to the federal prosecutor who had no idea because it occurred at the state level, not the federal level. As a result, attorney Tim Bower Rodriguez was able to negotiate a plea agreement with the federal government that included significant credit for cooperation and substantial assistance.

* Real names of our clients are not listed for safety reasons, privacy reasons or that the case files listed above are not public record because no charges were ever filed against our clients.

NOTE: The above case results are a small sample of results obtained by attorney Tim Bower Rodriguez. Additional case results wherein our law firm obtained not guilty trial verdicts, appellate convictions and sentence reversals, sentence reductions, United States sentencing guidelines downward departures, downward variances pursuant to 18 USC 3553(a), are available upon request.

Summary
Service Type
Federal USSG 5k1.1 Motion for Substantial Assistance & Cooperation
Provider Name
Tim Bower Rodriguez, P.A.,
Area
Tampa, Orlando, Florida, Puerto Rico
Description
Federal USSG 5k1.1 Motion for Substantial Assistance & Cooperation - Additional Case Results