United States v. Wu

Defendant was convicted of conspiracy to possess a controlled substance with intent to distribute, 21 U.S.C. 841 and 846, and 18 U.S.C. 2, and of conspiracy to import a controlled substance, 21 U.S.C. 952, 960, and 963, and 18 U.S.C. 2. The district court declined to reduce his offense level by two under the Sentencing Guidelines "safety valve" provision, 18 U.S.C. 3553(f) because defendant's proffer was unreliable. The Seventh Circuit affirmed, first rejecting claims based on the court's rejection of two of his proposed jury instructions. The court's determination that defendant had not been granted use immunity with respect to his statements was not clearly erroneous. The evidence did not establish that alternate jurors inappropriately deliberated with the petit jury.