Eleventh Circuit Notes Circuit Split Re: Duty of Government to Interview Defendant After Submission of Written Proffer

Per United States v. Milkintas, ---F.3d----, 2006 WL 3431875 (11th Cir. Nov. 30, 2006):

FN4. We note there is a circuit split regarding whether, once a defendant submits a written proffer and offers to provide additional information if needed, the government then has a duty to interview the defendant. Compare United States v. Stephenson, 452 F.3d 1173, 1182 (10th Cir.2006) ("[T]he onus is on the defendant to come forward with all information he has concerning his relevant conduct."); with United States v. Brack, 188 F.3d 748, 763 (7th Cir.1999) (holding a defendant's truthful written statement combined with the defendant's offer to submit to a safety valve interview satisfied the safety valve disclosure requirement, but noting "a defendant cannot satisfy the disclosure requirement simply by notifying the court of his willingness to submit to a safety valve interview"). This conflict does not affect this case, however, because Milkintas did not submit a written proffer to the Government.


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