Whether a sentencing judge can make safety-valve findings when a defendant's statements are inconsistent with the jury's verdict

QUESTION PRESENTED The safety-valve statute, 18 U.S.C. § 3553(f), provides relief from the severe statutory minimum penalties for drug offenses. One requirement to qualify for the safety valve is that the defendant provide full and complete information about his conduct. See 18 U.S.C. § 3553(f)(5). The question presented by this case is the following: Do the findings embodied in a jury’s verdict constrain a sentencing judge’s ability to find that a defendant has provided full and truthful information about his conduct, and satisfied 18 U.S.C. § 3553(f)(5), even where the defendant did not testify at trial, but has later provided his account in claiming entitlement to the safety valve of § 3553(f)? i STATEMENT OF RELATED CASES i United States v. Xian, No. 19-cr-00084-RPM (D. Colo.) Judgment entered January 26, 2022 United States v. Xian, No. 22-1080 (10th Cir.) Judgment entered March 12, 2024 ii