United States v. Patton

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Patton was a major Chicago-area drug dealer. ATF Agents eventually arrested Patton during an unrelated firearms investigation. Patton confessed and agreed to cooperate with the ATF. Patton assisted the ATF for about a year, making several controlled purchases of firearms. However, the agent working with Patton was inexperienced and allowed Patton to pick his targets. According to the government, Patton only delivered street‐level dealers, protecting higher‐level sources, family, and friends. Patton’s efforts resulted in several convictions and removed 60 guns from the streets. In 2012, Patton learned that the government was about to appear before a grand jury and needed him to testify and that he would be indicted on the drug charges. Patton disappeared, reemerging only after the government had finished several trials and it was known that Patton was an informant. The government claims Patton only reappeared because he needed protection. Patton pleaded guilty without a plea agreement. Patton asked the court to force the prosecutor to move for a reduction in the statutory mandatory sentence and sentencing range for substantial assistance under 18 U.S.C. 3553(e). The court declined, but, in weighing the section 3553(a) factors, took into consideration Patton’s cooperation and imposed a below‐guideline sentence of 244 months’ imprisonment. The Seventh Circuit affirmed; the government acted within its discretion to refuse to file a substantial‐assistance motion. View "United States v. Patton" on Justia Law