ALAN D. BERSIN
United States Attorney
Southern District of Calfornia
L.J. O'NEALE
Assistant United States Attorney
California State Bar Number 72143
940 Front Street, Room 5152
San Diego, California 92101-8800
(6l9) 557-5610
Attorney for the United States
United States District Court
Southern District of California
UNITED STATES OF AMERICA
Plaintiff,
v.
OSCAR DANILO BLANDON,
Defendant
Case No. 92-0551-3
GOVENMENT'S MOTION FOR
DOWNWARD DEPARTURE FROM
SENTENCING GUIDELINES PURSUANT
TO GUIDELINE 5X1.1 AND
REQUEST TO SEAL
COMES NOW the United States of America, though its
attorney, Alan D. Bersin, United States Attorney, Southern
District of California, by L. J. O'Neale, Assistant United States
Attorney, and pursuant to Sentencing Guideline 5Xl.1,
respectfully moves the court to depart downward from the
Sentencing Guidelines, based upon the defendant's substantial
assistance to the government, as set forth below. This motion is
based upon Sentencing Guideline 5Xl.1, the attached memorandum
of points and authorities, the attached affidavit of L. J.
O'Neale, and the complete record of this case.
Because of the sensitive nature of the information contained
herein, the United States also requests that the court order this
motion to be kept as part of the record of this case, but be
sealed until after order of the court.
DATED this 16th day of December, 1993.
Respectfully submitted,
ALAN D. BERSIN
United States Attorney
Southern District of California
signed by
L.J. O'NEALE
Assistant United States Attorney
MEMORANDUM OF POINTS AND AUTHORITIES
A court must ordinarily sentence a person convicted of a
misdemeanor (other than a petty offense) or a felony within thee
range specified by the Sentencing Guidelines. Title 18, United
States Code, 3553 (a) (4) and (b).
Sentencing Guideline 5X1.1 states:
Sustantial Assistance to Authorities (Policy Statement)
Upon motion of the government stating that the defendant has
provided substantial assistance in the investigation or
prosecution of another person who has committed an offense,
the court may depart from the guidelines.
(a) The appropriate reduction shall be determined by
the court for reasons stated that may include, but
are not limited to, consideration of the
following:
(1) the court's evaluation of the significance and
usefulness of the defendant's assistance, taking
into consideration the government's evaluation of
the assistance rendered;
(2) the truthfulness, completeness, and
reliability of any information or testimony
provided by the defendant;
(3) the nature and extent of the defendant's
assistance;
(4) any injury suffered, or any danger or risk of
injury to the defendant or has family resulting
from such assistance;
(5) the timeliness of the defendant's assistance.
For the reasons stated in the attached Affidavit of L.J.
O'Neale, the United States respectfully prays that the court
depart below the guideline range and sentence the defendant to a
term less than that specified of the sentencing guidelines.
DATED this 16th day of December, 1993.
Respectfully submitted,
ALAN D. BERSIN
United States Attorney
Southern District of California
signed by
L.J. O'NEALE
Assistant United States Attorney
AFFIDAVIT OF L.J. O'NEALE
County of San Diego
State of California
L. J. O'Neale being first duly sworn, deposes and says as
follows:
1. I am an Assistant United States Attorney of the Southern
District of California,
2. On December 16, 1993, Special Agent Charles E. Jones, Drug
Enforcement Administration , provided me with a three-page
memorandum specifying the particular investigation in which. Mr.
Blandon has assisted the United States, and the nature and extent
of his assistance. A copy of this memorandum is attached hereto as
Exhibit 'A;' because Mr. Blandon's attorney has indicated that he
does not need to know the details of Mr. Blandon's cooperation and
assistance, the copy of this motion delivered to him does not
contained this Exhibit.
3. I have spoken to Agent Jones on at least a weekly basis
concerning Mr. Blandon's cooperation and assistance, and Agent
Jones has indicated that Mr. Blandon's assistance was
extraordinarily valuable in major DEA investigations of Class I
drug traffickers. It should be noted that Mr. Blandon has provided
information leading to the indictment of a corrupt United States
goverment official, and has provided essential information in the
investigation of a murder stemming from drug trafficking rivalries.
(It should also be pointed out that this murder was not within any
organization of which Mr. Blandon was a member, nor was he involved
in any way with the murder.)
4. Based upon the information given to me by Agent Jones, I
request the the court depart downward to a Level 23 (43-57
months), and sentence Mr. Blandon to a term of 48 months'
imprisonment.
5. The United States does not quarrel with the computation of
United States Probation, and does not seek to understate the nature
and severity of Mr. Blandon's criminal conduct. In my opinion,
however, the severity of Mr. Blandon's offense is mitigated by the
remarkable nature and value of his coorporation, as set forth in the
memorandum of Agent Jones. While the departure requested herein is
a substantial one, in my opinion it is well-deserved.
6. Because I believe if the information in this motion was public knowledge,
the investigations in which Mr. Blandon has cooperated might be
compromised, and his life and safety would be at risk, I request
this court to issue its order sealing this motion.
signed
L. J. O'Neale