Is it improper for a sentencing court to consider a defendant's refusal to cooperate with the government as a factor in his sentence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Giraldo, 822 F.2d 205 (2nd Cir. 1987):
Third, it is not improper for the sentencing court to take into account a defendant's refusal to cooperate with the government and to impose on him a harsher sentence than would have been imposed had he cooperated. See Roberts v. United States, 445 U.S. 552, 557-58, 100 S.Ct. 1358, 1362-63, 63 L.Ed.2d 622 (1980).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors must a court consider when sentencing a defendant to a reduced sentence under section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
Can a sentencing court impose a restitutionary sentence on a defendant who is indigent at the time of sentencing? (MultiRegion, United States of America)
What factors must a court consider when determining the appropriate sentence for a defendant convicted of a Section 924(c) assault? (MultiRegion, United States of America)
What is the impact on a defendant's sentence of his refusal to cooperate with the government? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
Does a federal district court have to consider sentencing disparities between co-defendants who have a similar criminal record? (MultiRegion, United States of America)
When a court departs from the sentencing guidelines, does the court have to indicate a specific reason for the imposition of a sentence different than that described? (MultiRegion, United States of America)
What is the standard of "substantive reasonableness" used by the Court of Appeal to determine whether a factor relied on by the sentencing court was unreasonable? (MultiRegion, United States of America)
