How to reduce your federal drug sentence in San Antonio: Safety Valve and 5K1.1 explained.
This is Part 2 of our series showing people how to handle federal drug conspiracy and possession with intent to distribute crimes in San Antonio, Texas. In Part I, we provided you with an overview of how federal drug laws work in the Western District of Texas.
In this post, we will give you options to consider if you are considering taking a plea deal in a drug case. We will also show you how a plea deal can go bad. More importantly, we will tell you how to deal with this problem if it happens in your case.
But first, we need to talk about federal mandatory minimum sentences in drug cases filed in the Western District of Texas. In a nutshell, mandatory minimum sentences tell you how deep the water is in your case.
What are the mandatory minimum sentences for Drug Offenses in the Western District of Texas?
A mandatory minimum sentence is the lowest jail time a judge can give you in a federal drug crime. The minimum is tied to the weight or quantity of drugs in your case. And the weight that triggers a mandatory minimum jail term varies from drug to drug.
To illustrate, if police catch you with a kilogram of cocaine, then you are looking at between 5 years to 40 years in jail. This means that even if a judge wanted to give you less than 5 years in jail, federal law requires him to give you at least 5 years.
Nevertheless, the law creates two ways to avoid mandatory minimum jail terms. They are safety valve and substantial assistance. I will talk more about those concepts below. But for now, the table below summarizes the potential jail terms for the most common federal drug crimes in San Antonio.
Table 1: 5 Year Mandatory Minimum Jail Terms for Federal Drug Crimes in San Antonio
| Drug Type | Weight | Minimum Term | Max Term |
| Cocaine | 500 grams + | 5-year mandatory min | 40 years |
| Crack Cocaine | 28 grams + | 5-year mandatory min | 40 years |
| Meth | 5 grams + | 5-year mandatory min | 40 years |
| Meth | 50 grams + | 5-year mandatory min | 40 years |
| Heroin | 100 grams + | 5-year mandatory min | 40 years |
| Fentanyl | 40 grams + | 5-year mandatory min | 40 years |
Table 2: 10 year mandatory minimum Jail Term for Federal Drug Crimes in San Antonio
| Drug Type | Weight | Minimum Term | Max Term |
| Cocaine | 5 KG + | 10-year mandatory minimum | Life |
| Crack Cocaine | 280 grams + | 10-year mandatory minimum | Life |
| Meth-actual | 50 grams + | 10-year mandatory minimum | Life |
| Meth-mixture | 500 grams + | 10-year mandatory minimum | Life |
| Heroin | 1 KG + | 10-year mandatory minimum | Life |
| Fentanyl | 400 grams + | 10-year mandatory minimum | Life |
How do plea deals work in Federal Drug cases in San Antonio?
The majority of defendants facing federal drug charges in San Antonio decide not to fight their case. The main reason is they are exposed to decades in jail if they lose at trial. This highlights the severity of federal drug cases in the Western District of Texas.
Equally important, San Antonio federal prosecutors often file federal conspiracy and possession charges against a defendant in the same case. This gives them maximum leverage to push plea deals. Namely, they will often require you to plead guilty to the conspiracy charge in exchange for dismissing the possession charge during the sentencing hearing of your case.
What are the key features of a plea agreement in a San Antonio Federal Drug case?
If you plead guilty to either a federal drug conspiracy charge or a possession with intent to distribute charge, the prosecutor will require you to give up your rights to the following:
- Jury trial;
- Confront and cross-examine witnesses;
- Presumption of innocence;
- Right to call witnesses in your own defense;
- Right to subpoena witnesses;
- Right to appeal your conviction and sentence.
In exchange, you will likely qualify for a lower jail term for several reasons. First, by pleading guilty the court will give you credit for accepting responsibility. This will help lower your jail term.
Second, many judges in the Western District of Texas require you to sign a plea deal to qualify for a government assistance (5K1.1) motion we will talk about below. This puts more pressure on a defendant to plead out with a plea agreement.
What are the legal dangers of waiving your right to appeal in a federal drug case in the Western district of Texas?
Every person has a right to appeal his or her sentence in federal court. However, federal law allows defendants to waive this right as part of a plea agreement. Of major interest, this is where the greatest injustice happens in federal drug cases.
To see why, we need to talk about the two main legal stages of a federal drug case. The first stage is the guilt-innocence stage. Here, the court decides if you did the crime or not. You can do this by going to trial or taking a plea deal.
Next is the sentencing stage. Here, the court answers a critical question: what do we do about the defendant’s crime? To answer this question, the probation department prepares a PSR (presentence investigation report) that tells the judge who you are along with what you did.
The PSR also tells you your guideline range. This is an estimate of the jail time in your case. The probation department has to follow certain rules when it creates your guideline range.
Regrettably, sometimes the probation department makes mistakes. Normally, you can appeal if there is a mistake in your case. But if you waive your right to appeal, then the appeal waiver will bar you from getting a second opinion from a different court. This can lead to harsh consequences in federal drug cases.
In short, the legal danger is that an error in the guidelines can cause you to get a higher than normal jail term in your case. Worse yet, you will not be able to file an appeal to fix that mistake.
What are 5K1.1 Substantial Assistance Motions?
A 5K1.1 motion is a document the government files asking the judge to go easy on you at sentencing. Critically, 18 USC § 3553(e) allows the judge to give you a jail term below the mandatory minimum sentence required by law.
However, to qualify for this motion, you must cooperate with the government and provide them with information that will help them with your case or other cases. And it is up to the prosecutor’s discretion on whether to file the motion or not.
What is Safety Valve Protection in a San Antonio Federal Drug case?
18 USC 3553(f) (safety valve) protects non-violent drug offenders from heavy jail terms. It allows a judge to give a person a jail term below the mandatory minimum sentence in many cases.
To qualify for this protection, you must meet the following criteria:
- The person does not have more than 4 criminal history points’
- He did not use violence, threats of violence, or carry a firearm during the crime;
- No one died or was seriously hurt during the crime;
- The person is not a leader, organizer, or supervisor during the crime; and
- The person truthfully discloses all the information he has related to the crime before the sentencing hearing begins.
If you meet these requirements, then you are eligible for a lower jail term in San Antonio federal drug cases. Of major interest, the safety valve law differs from a 5K1.1 motion because you do not need the government’s approval to qualify for this protection.
Table 3: Substantial Assistance (5K1.1) Motions vs Safety Valve
| Feature | 18 USC 3553(f) Safety Valve | 5K1.1 Substantial Assistance |
| Primary Benefit | Can sentence below statutory minimum. | Can sentence below statutory minimum. |
| Cooperation required? | Yes. However, it is limited to providing information related to the case. | Yes. Must provide “substantial assistance” about the instant case and any other matter the government asks about. |
| Information quality. | Must be truthful (even if not useful). | Must be truthful and useful to the government. |
| Criminal history limits. | Strict limit. (Max. 4 points.) | No limits. |
| Government control. | Judges can grant safety valve requests even if govt objects. | Requires the government to file a motion. |
What are the dangers of “relevant conduct” and how can it hurt my plea deal in the Western District of Texas?
In federal drug cases, your sentence is often determined by more than just the specific charge you plead guilty to. Probation officers and judges use a concept called “Relevant Conduct” to calculate your guideline range. This means you can be held accountable for the actions of others if they were part of a “jointly undertaken criminal activity”.
To hold you responsible for a co-conspirator’s actions, the government must show those actions were:
- Within the scope of the joint criminal plan.
- In furtherance of that criminal activity.
- Reasonably foreseeable to you in connection with that activity.
Because this can lead to “sticker shock” where your jail term is much higher than expected, your attorney must carefully review the Presentence Investigation Report (PSR) and file objections if the drug quantities attributed to you are unfair.
This is the main reason that waiving your right to appeal is dangerous in San Antonio federal drug cases. Nevertheless, objecting to a faulty relevant-conduct analysis is the best way to stop your plea deal from going bad.
Table 4. Relevant Conduct Comparison: Possession with Intent to distribute vs Drug Conspiracy
| Feature | Possession with Intent §1B1.3(a)(A) | Drug Conspiracy §1B1.3(a)(B) |
| Primary Focus | The defendant’s personal acts and omissions. | Acts of others within a joint venture. |
| Drug Quantity Calculation | Based on what the defendant personally handled or directed. | Aggregate based on the scope of the conspiracy. |
| Knowledge Req. | Accountable for the full amount even if exact weight is unknown. | Amount that is “reasonably foreseeable” to the defendant. |
| Role Limits | Based on the defendant’s specific preparation and execution. | Can be held liable for co-conspirators’ actions. |
What is the “Safety Valve” in federal sentencing?
The Safety Valve (18 USC § 3553(f)) allows a judge to sentence a non-violent, first-time offender below the mandatory minimum. To qualify, you must meet specific criteria, including having minimal criminal history and providing a truthful disclosure to the government.
How does a 5K1.1 motion lower a federal prison sentence?
A 5K1.1 motion is filed by the prosecutor when a defendant provides “substantial assistance” in the investigation of others. This motion gives the judge the legal authority to depart from the sentencing guidelines and mandatory minimums.
What is “Relevant Conduct” in a federal drug conspiracy plea deal?
Relevant conduct allows the court to hold you accountable for drug quantities or actions of others that were part of a “jointly undertaken criminal activity”. This often results in “sticker shock,” where your calculated guideline range is much higher than the specific amount of drugs you personally handled.
How can an experienced San Antonio Federal Criminal Defense Attorney help me with my drug case?
Federal drug cases are substantially different from state cases in Bexar County, Texas. In state court, you can work out a plea deal for a specific term. But federal plea deals and jury trials are more complex.
For example, if police arrest you for state drug possession charges and state charges for assaulting a police officer during the arrest, then you can often work out a plea deal to lower your jail term. In this scenario, you can plead to the drug charge and agree to a specific jail term. Let’s say you agree to 2 years in jail. As part of the plea deal, prosecutors will drop the assault charge. So you sign up for 2 years in jail.
In contrast, federal cases are often more technical. And it is harder to work out a plea deal for a specific jail term, which are called 11(c)(1)(C) deals. Instead, the court looks at your charge and also the relevant conduct in your case when it decides your jail term.
An experienced federal criminal defense attorney knows how the system works. And he will do everything ethically and legally possible to put your case in the best position to achieve your goals.
A Proven San Antonio Federal Drug Lawyer
Genaro R. Cortez is a proven and dedicated San Antonio federal criminal defense attorney. He knows what it takes to get the best results possible in federal drug cases. Specifically, attorney Genaro R. Cortez:
- Understands Fifth Circuit Precedent and how federal jury instructions work
- Has experience in the Western District of Texas federal courts
- Knows the federal sentencing guidelines and how to argue for lower jail terms
- Can file motions to suppress challenging illegal searches and seizures
- Has over 20 years experience handling state and federal drug cases in San Antonio, Texas.
Facing Federal Drug Charges in San Antonio? Call us today. 210-733-7575
If you or your loved one is facing federal drug charges in San Antonio, then contact us today. Our firm has extensive experience helping clients with these cases in San Antonio.