What is the difference between a sentence for failure to cooperate and a punishment for refusing to grant leniency?

MultiRegion, United States of America

The following excerpt is from United States v. Goffer, No. 11-3591-cr(L), No. 11-3778-cr(CON), No. 11-4193-cr(CON), No. 11-4409-cr(CON) (2nd Cir. 2013):

increasing the severity of a sentence for a defendant's failure to cooperate and refusing to grant leniency." United States v. Whitten, 610 F.3d 168, 195 (2d Cir. 2010) (internal quotation marks and emphasis omitted). Here, the district court distinguished between the two and indicated that Goffer was being denied a benefit, but was not being punished. Sentencing Tr. 40. We find that Goffer was not punished for standing trial.

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