What is the current state of the law in relation to Section 3553(f5) of the Civil Prosecutions Act?
The following excerpt is from U.S.A. v. Reynoso, 239 F.3d 143 (2nd Cir. 1999):
It is, in other words, obvious that the provision as it is written (not as the majority might wish it to be) contains no requirement that the information provided comport with the facts of the case as the court finds them to be. Rather, the provision requires that the defendant "truthfully provide[] all the information . . . [she] has." She must, that is, make "a good faith attempt to cooperate with the authorities." United States v. Gambino, 106 F.3d 1105, 1110 (2d Cir. 1997) (discussing defendant's safety valve proffer pursuant to 3553(f)5)). And the placement and form of the word "truthfully" unmistakably indicates that it is the defendant's state of
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mind rather than the quality of the information that is at issue.
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