roberts
argued
decided
april
held
district
properly
considered
one
factor
imposing
consecutive
sentences
petitioner
pleaded
guilty
two
counts
using
telephone
facilitate
distribution
heroin
petitioner
refusal
cooperate
government
officials
investigating
related
criminal
conspiracy
distribute
heroin
confessed
participant
pp
misinformation
constitutional
magnitude
present
case
petitioner
rebuffed
repeated
requests
cooperation
period
three
years
concedes
cooperation
authorities
laudable
endeavor
bears
rational
connection
defendant
willingness
shape
change
behavior
declining
cooperate
petitioner
rejected
obligation
community
life
recognized
rehabilitation
begin
protected
former
partners
crime
thereby
preserving
ability
resume
criminal
activities
upon
release
pp
petitioner
failure
cooperate
justified
basis
fears
physical
retaliation
ground
district
punished
exercising
fifth
amendment
privilege
arguments
raised
first
time
petitioner
appellate
brief
neither
petitioner
lawyer
offered
explanation
sentencing
even
though
known
petitioner
intransigency
used
although
requirement
miranda
arizona
specific
warnings
creates
limited
exception
rule
privilege
must
claimed
exception
apply
outside
context
inherently
coercive
custodial
interrogation
designed
custodial
interrogation
petitioner
volunteered
confession
first
interview
investigators
miranda
warnings
given
time
free
leave
next
three
years
time
received
sentence
challenges
neither
counsel
fully
apprised
extent
petitioner
cooperation
expected
affect
sentence
ever
claimed
petitioner
unwillingness
cooperate
based
upon
right
remain
silent
fear
pp
powell
delivered
opinion
burger
brennan
stewart
white
blackmun
rehnquist
stevens
joined
brennan
filed
concurring
opinion
post
marshall
filed
dissenting
opinion
post
allan
palmer
argued
cause
filed
brief
petitioner
stephen
shapiro
argued
cause
brief
solicitor
general
mccree
assistant
attorney
general
heymann
deputy
solicitor
general
frey
bruce
ennis
filed
brief
american
civil
liberties
union
et
al
amici
curiae
justice
powell
delivered
opinion
question
whether
district
properly
considered
one
factor
imposing
sentence
petitioner
refusal
cooperate
officials
investigating
criminal
conspiracy
confessed
participant
petitioner
winfield
roberts
accompanied
cecilia
payne
office
attorney
district
columbia
one
day
june
government
surveillance
previously
revealed
green
jaguar
owned
payne
used
transport
heroin
within
district
payne
told
investigators
occasionally
lent
jaguar
petitioner
waiting
outside
hall
payne
suggestion
investigators
asked
petitioner
answer
questions
although
petitioner
present
voluntarily
investigators
gave
warnings
required
miranda
arizona
also
told
free
leave
petitioner
indicated
stay
investigators
asked
whether
knew
boo
thornton
principal
target
heroin
investigation
petitioner
admitted
delivered
heroin
thornton
several
occasions
confessing
also
discussed
drug
transactions
thornton
certain
intercepted
telephone
conversations
petitioner
explained
meaning
code
words
used
conversations
asked
name
suppliers
however
petitioner
gave
evasive
answers
although
investigators
warned
petitioner
extent
cooperation
bear
charges
brought
provided
information
petitioner
indicted
one
count
conspiring
distribute
heroin
four
counts
using
telephone
facilitate
distribution
heroin
retained
lawyer
rejected
government
continued
efforts
enlist
petitioner
assistance
march
petitioner
entered
plea
guilty
conspiracy
count
received
sentence
years
imprisonment
years
special
parole
fine
appeals
vacated
conviction
ground
terms
plea
agreement
inadequately
disclosed
district
roberts
app
remand
petitioner
pleaded
guilty
two
counts
telephone
misuse
agreement
permitted
government
seek
substantial
sentence
government
filed
memorandum
recommending
two
consecutive
sentences
months
fine
memorandum
cited
petitioner
previous
conviction
counts
bank
robbery
voluntary
confession
subsequent
refusal
name
suppliers
memorandum
also
emphasized
tragic
social
consequences
heroin
trade
since
petitioner
addict
familial
responsibilities
government
theorized
sold
heroin
support
extravagant
lifestyle
unemployed
parole
government
concluded
stern
sentences
necessary
deter
traffic
deadly
drugs
personal
profit
sentencing
hearing
defense
counsel
noted
petitioner
incarcerated
two
years
pending
appeal
codefendant
thornton
sentenced
probation
counsel
argued
petitioner
receive
concurrent
sentences
result
immediate
release
directed
attention
petitioner
voluntary
confession
explaining
petitioner
refused
identify
members
conspiracy
involved
app
prosecutor
responded
request
probation
ironic
light
petitioner
refusal
cooperate
investigation
course
many
many
years
knowing
faces
thus
government
ask
take
account
extenuating
mitigating
circumstances
defendant
cooperated
ibid
stressing
seriousness
offense
absence
excuse
mitigation
government
recommended
substantial
prison
term
district
imposed
consecutive
sentences
one
four
years
count
special
parole
term
three
years
declined
impose
fine
explained
sentences
appropriate
petitioner
parole
bank
robbery
conviction
time
offenses
dealer
refused
cooperate
government
petitioner
appealed
contending
first
time
sentencing
considered
failure
cooperate
appeals
district
columbia
circuit
vacated
special
parole
term
otherwise
affirmed
judgment
app
granted
certiorari
affirm
ii
principles
governing
criminal
sentencing
district
courts
require
extensive
elaboration
congress
directed
limitation
shall
placed
information
concerning
background
character
conduct
person
convicted
offense
may
receive
consider
purpose
imposing
appropriate
sentence
misinformation
present
case
sentencing
relied
upon
essentially
undisputed
facts
question
petitioner
rebuffed
repeated
requests
cooperation
period
three
years
petitioner
contend
unable
provide
requested
assistance
indeed
petitioner
concedes
cooperation
authorities
laudable
endeavor
bears
rational
connection
defendant
willingness
shape
change
behavior
brief
petitioner
unless
different
explanation
provided
defendant
refusal
assist
investigation
ongoing
crimes
gives
rise
inference
laudable
attitudes
lacking
hardly
otherwise
concealment
crime
condemned
throughout
history
citizen
duty
raise
hue
cry
report
felonies
authorities
branzburg
hayes
established
tenet
law
least
early
century
holdsworth
history
english
law
ed
see
statute
westminster
first
edw
ch
statute
westminster
second
edw
chs
pp
first
congress
enacted
statute
imposing
criminal
penalties
upon
anyone
knowledge
actual
commission
certain
felonies
shall
conceal
soon
may
disclose
make
known
appropriate
authority
act
apr
stat
although
term
misprision
felony
archaic
ring
gross
indifference
duty
report
known
criminal
behavior
remains
badge
irresponsible
citizenship
deeply
rooted
social
obligation
diminished
witness
crime
involved
illicit
activities
unless
silence
protected
privilege
see
part
iii
infra
criminal
defendant
less
citizen
obliged
assist
authorities
petitioner
example
asked
expose
purveyors
heroin
community
exchange
favorable
disposition
case
declining
cooperate
petitioner
rejected
obligatio
community
life
recognized
rehabilitation
begin
see
hart
aims
criminal
law
law
contemp
prob
moreover
petitioner
refusal
cooperate
protected
former
partners
crime
thereby
preserving
ability
resume
criminal
activities
upon
release
facts
available
sentencing
judge
relevant
likelihood
defendant
transgress
hope
may
respond
rehabilitative
efforts
assist
lawful
future
career
degree
deem
war
society
grayson
supra
quoting
hendrix
iii
petitioner
seriously
contend
disregard
obligation
assist
criminal
investigation
irrelevant
determination
appropriate
sentence
rather
contends
failure
cooperate
justified
legitimate
fears
physical
retaliation
view
concerns
petitioner
asserts
refusal
act
informer
bearing
prospects
rehabilitation
also
believes
district
punished
exercising
fifth
amendment
privilege
arguments
merited
serious
consideration
presented
properly
sentencing
judge
mere
possibility
unarticulated
explanations
excuses
antisocial
conduct
make
conduct
irrelevant
sentencing
decision
district
opportunity
consider
theories
petitioner
advances
raised
first
time
petitioner
appellate
brief
although
petitioner
knew
intransigency
used
neither
lawyer
offered
explanation
sentencing
even
prosecutor
observed
failure
cooperate
viewed
evidence
continuing
criminal
intent
petitioner
remained
silent
petitioner
insists
constitutional
right
remain
silent
adverse
inferences
drawn
exercise
right
find
argument
singularly
unpersuasive
fifth
amendment
privilege
compelled
least
government
substantial
reason
believe
requested
disclosures
likely
incriminating
privilege
may
relied
upon
unless
invoked
timely
fashion
garner
kordel
see
mandujano
opinion
burger
brennan
concurring
judgment
case
vajtauer
commissioner
immigration
petitioner
assert
privilege
manner
suggest
withheld
testimony
ground
fear
assertion
evidently
afterthought
added
vajtauer
privilege
must
deemed
waived
manner
fairly
brought
attention
tribunal
must
pass
upon
ibid
thus
petitioner
believed
failure
cooperate
privileged
said
time
sentencing
determined
whether
claim
legitimate
petitioner
avoid
force
elementary
rule
arguing
miranda
warnings
supplied
additional
protection
right
remain
silent
right
silence
described
warnings
derives
fifth
amendment
adds
nothing
although
miranda
requirement
specific
warnings
creates
limited
exception
rule
privilege
must
claimed
exception
apply
outside
context
inherently
coercive
custodial
interrogations
designed
warnings
protect
persons
exposed
interrogation
without
assistance
counsel
otherwise
might
unable
make
free
informed
choice
remain
silent
miranda
arizona
see
garner
supra
custodial
interrogation
case
petitioner
volunteered
confession
first
interview
investigators
miranda
warnings
given
time
free
leave
claim
coerced
thereafter
petitioner
represented
counsel
fully
apprised
petitioner
extent
petitioner
cooperation
expected
affect
sentence
petitioner
receive
sentence
challenges
entire
period
neither
petitioner
lawyer
ever
claimed
petitioner
unwillingness
provide
information
vital
law
enforcement
based
upon
right
remain
silent
fear
petitioner
identified
nothing
might
impaired
free
choice
admit
deny
refuse
answer
garner
supra
quoting
lisenba
california
conduct
bears
resemblance
insolubly
ambiguous
postarrest
silence
may
induced
assurances
contained
miranda
warnings
cf
doyle
ohio
conclude
district
committed
constitutional
error
invalidate
petitioner
sentence
record
us
sanction
unwarranted
interference
function
traditionally
vested
trial
courts
see
dorszynski
accordingly
judgment
appeals
affirmed
footnotes
maximum
sentence
count
four
years
imprisonment
fine
imposing
sentence
explained
roberts
considered
case
carefully
noted
parole
bank
robbery
conviction
prior
involvement
law
case
clearly
dealer
opportunity
failed
cooperate
government
app
see
aba
project
standards
criminal
justice
pleas
guilty
app
draft
lumbard
sentencing
law
enforcement
cf
cross
english
sentencing
system
ed
doubt
principled
distinction
may
drawn
enhancing
punishment
imposed
upon
petitioner
denying
leniency
claims
appropriate
cooperated
question
decision
simply
whether
petitioner
failure
cooperate
relevant
currently
understood
goals
sentencing
note
however
judge
mackinnon
author
opinion
reversing
petitioner
first
conviction
observed
basis
complete
familiarity
facts
entire
case
petitioner
current
sentence
light
one
app
separate
statement
denial
rehearing
en
banc
sentence
two
eight
years
imprisonment
certainly
severe
penalty
substantial
drug
distributor
plied
trade
parole
prior
conviction
bank
robbery
statute
amended
still
effect
construed
require
knowledge
crime
affirmative
act
concealment
participation
see
branzburg
hayes
recognized
garner
rule
subject
exception
coercive
factor
prevents
individual
claiming
privilege
impairs
choice
remain
silent
factor
identified
case
see
infra
see
garner
supra
hoffman
mason
vermeulen
cert
denied
duty
determine
legitimacy
witness
reliance
upon
fifth
amendment
rogers
witness
may
employ
privilege
avoid
giving
testimony
simply
prefer
give
washington
explained
miranda
safeguards
designed
avoid
coercive
atmosphere
rest
overbearing
compulsion
thought
caused
isolation
suspect
police
custody
district
found
petitioner
freely
waived
miranda
rights
first
confessed
involvement
conspiracy
tr
see
app
dissenting
opinion
asserts
record
reflects
improper
involvement
judicial
office
prosecutorial
function
post
find
basis
contention
district
participate
process
merely
undertook
retrospective
review
petitioner
character
record
criminal
conduct
accordance
applicable
law
fed
rule
crim
proc
defendant
failed
even
raise
possibility
retaliation
course
three
years
hardly
position
complain
put
unfair
choice
post
justice
brennan
concurring
join
opinion
principal
divisive
issue
case
whether
petitioner
silence
understood
imply
continued
solicitude
former
criminal
enterprise
rather
assertion
fifth
amendment
right
fear
retaliation
agree
trial
judge
faulted
drawing
negative
inference
petitioner
noncooperation
petitioner
failed
suggest
neutral
inferences
available
government
questioning
failed
respond
directed
incriminating
petitioner
may
stand
upon
fifth
amendment
privilege
never
invoked
time
silence
see
mandujano
brennan
concurring
judgment
garner
vajtauer
commissioner
immigration
nevertheless
problem
drawing
inferences
ambiguous
silence
troubling
matter
due
process
offender
may
sentenced
basis
mistaken
facts
unfounded
assumptions
townsend
burke
see
grayson
stewart
dissenting
collateral
inquiry
may
required
sentence
enhanced
trial
judge
unreviewable
impression
defendant
perjured
trial
comparable
importance
assure
defendant
penalized
basis
groundless
inferences
least
sentencing
judges
conduct
inquiry
circumstances
silence
defendant
indicates
sentencing
refusal
cooperate
prompted
constitutionally
protected
morally
defensible
motives
furthermore
especially
conviction
based
upon
guilty
plea
may
advisable
trial
judges
raise
question
motive
presented
prosecutorial
recommendation
severity
due
offender
noncooperation
rule
allocution
sentencing
fed
rule
crim
proc
defendant
asked
record
whether
reasonable
explanation
silence
justification
proffered
judge
proceed
determine
veracity
reasonableness
allocution
procedure
reduce
danger
erroneous
inference
provide
record
support
sentencing
subsequent
challenge
cf
mccarthy
fed
rule
crim
proc
allocution
procedure
government
actually
seeks
incriminate
subject
questioning
failure
invoke
fifth
amendment
privilege
reviewed
stringent
knowing
completely
voluntary
waiver
standard
mandujano
brennan
concurring
judgment
subject
reasonably
aware
incriminating
tendency
questions
responsibility
put
government
notice
formally
availing
privilege
garner
point
government
may
either
cease
questioning
continue
grant
immunity
justice
marshall
dissenting
today
permits
term
imprisonment
increased
defendant
refusal
identify
others
involved
criminal
activities
refusal
unlawful
may
motivated
desire
avoid
reasonable
fear
reprisal
believe
defendant
failure
inform
others
may
properly
used
aggravate
sentence
imprisonment
accordingly
dissent
majority
dispute
failure
disclose
identity
others
involved
criminal
activity
may
often
stem
desire
avoid
case
excellent
illustration
possibility
prosecutor
asked
petitioner
identify
person
persons
getting
drugs
location
lay
conspiracy
identify
involved
app
disclosure
information
might
well
exposed
petitioner
prosecution
additional
charges
never
offered
immunity
prosecution
petitioner
right
refuse
incriminate
additional
charges
course
extinguished
guilty
plea
doubt
judge
barred
increasing
length
jail
sentence
defendant
refusal
cooperate
based
constitutional
privilege
case
threat
longer
sentence
imprisonment
plainly
compulsion
within
meaning
fifth
amendment
cf
mcgautha
california
aggravation
sentence
amount
impermissible
penalty
imposed
solely
defendant
assertion
fifth
amendment
privilege
also
believe
abuse
discretion
judge
use
defendant
refusal
become
informer
increase
length
sentence
refusal
motivated
fear
retaliation
case
failure
identify
participants
crime
irrevelant
defendant
prospects
rehabilitation
see
ante
bears
relation
legitimate
purposes
sentencing
see
grayson
tucker
case
petitioner
refusal
provide
requested
information
lawful
may
motivated
possibility
reasonable
fear
reprisal
majority
acknowledges
claims
merited
serious
consideration
presented
properly
sentencing
judge
ante
petitioner
expressly
state
grounds
sentencing
judge
however
indulges
assumption
petitioner
refusal
motivated
desire
preserv
ability
resume
criminal
activities
upon
release
ante
loss
discern
evidentiary
basis
assumption
reject
harsh
rigid
approach
issue
waiver
especially
context
hardly
clear
reasons
petitioner
failure
cooperate
identified
sentencing
judge
furthermore
bare
failure
cooperate
investigation
others
without
inquiry
justify
conclusive
negative
inference
meaning
conduct
respect
defendant
prospects
rehabilitation
restoration
useful
place
society
grayson
supra
fear
reprisal
one
self
one
family
desire
avoid
equally
plausible
explanations
conduct
even
desire
time
without
becoming
police
informer
might
explain
petitioner
behavior
without
necessarily
indicating
intended
resume
criminal
activities
upon
release
ante
inference
petitioner
poor
candidate
rehabilitation
justified
without
additional
information
enhancement
petitioner
sentence
impermissible
may
burdened
petitioner
exercise
constitutional
rights
based
factor
unrelated
permissible
goals
sentencing
addition
represented
improper
involvement
judicial
office
prosecutorial
function
corrected
supervisory
power
federal
courts
usual
method
obtaining
testimony
may
grant
immunity
prosecution
see
et
seq
ed
supp
ii
prosecutors
little
incentive
offer
defendants
immunity
testimony
achieve
result
without
giving
option
prosecute
suggestion
offer
immunity
ever
extended
petitioner
defendant
knows
silence
may
used
enhance
sentence
may
put
unfair
choice
must
either
give
incriminating
information
assurance
prosecuted
basis
information
face
possibility
increased
sentence
noncooperation
since
prosecutor
may
overcome
fifth
amendment
claim
offer
immunity
see
reason
put
defendants
choice
second
method
available
prosecutor
obtaining
defendant
testimony
others
process
upheld
process
theory
relative
equality
bargaining
power
prosecutor
defendant
prevents
process
fundamentally
unfair
santobello
new
york
judge
counted
increase
defendant
sentence
fails
cooperate
balance
bargaining
power
tipped
favor
prosecution
prosecutor
able
offer
less
exchange
cooperation
defendant
may
agree
fear
incurring
displeasure
sentencing
judge
insure
defendants
intimidated
accepting
plea
bargains
federal
judges
forbidden
participating
bargaining
process
see
fed
rule
crim
proc
aba
project
standards
criminal
justice
pleas
guilty
app
draft
judge
bazelon
observed
trial
judge
whose
impartiality
cornerstone
criminal
justice
system
may
tempted
guise
exercising
discretion
sentencing
join
forces
prosecutor
securing
defendant
cooperation
app
believe
allow
possibility
find
disturbing
majority
willingness
brush
aside
serious
objections
propriety
petitioner
sentence
strength
duty
report
known
criminal
behavior
ante
according
petitioner
refusal
become
informer
rejection
deeply
rooted
social
obligation
ibid
citizens
apparently
obliged
assist
authorities
way
petitioner
failure
badge
irresponsible
citizenship
constituted
antisocial
conduct
well
ante
supports
stern
conclusions
petitioner
civic
duty
reference
concepts
hue
cry
misprision
felony
concepts
developed
era
enforcement
criminal
law
entrusted
general
citizenry
rather
organized
police
force
unnecessary
discuss
detail
historical
context
concepts
different
society
order
reject
analysis
american
society
always
approved
wrongdoing
vow
better
admired
come
aid
victims
criminal
conduct
admiration
inform
others
never
unambiguous
majority
suggests
countervailing
social
values
loyalty
personal
privacy
prevented
us
imposing
citizenry
large
duty
join
business
crime
detection
view
social
mores
accurate
hard
understand
terms
stool
pigeon
snitch
squealer
tattletale
come
common
description
engage
behavior
course
suggest
engaged
criminal
activity
refuse
cooperate
authorities
informer
plays
vital
role
struggle
check
crime
especially
narcotics
trade
without
recognition
role
fully
appropriate
encourage
behavior
offering
leniency
exchange
cooperation
cooperation
sort
may
sign
repentance
beginning
rehabilitation
government
allowed
citizens
decide
whether
enlist
enterprise
enforcing
criminal
laws
never
imposed
duty
opinion
suggests
find
justification
creating
duty
case
applying
persons
sentenced
crime
fact
notion
citizens
may
compelled
become
informers
contrary
understanding
fundamental
nature
criminal
law
legal
systems
premised
obligation
accused
answer
questions
put
societies
behavior
encouraged
penalizing
citizens
fail
spy
neighbors
report
infractions
country
thankfully
never
chosen
path
highly
value
directives
criminal
laws
place
enforcement
hands
public
officers
give
officers
authority
impress
citizenry
prosecutorial
enterprise
today
decision
ignores
precept
setting
threatens
fifth
amendment
rights
encourages
arbitrary
irrational
sentencing
prosecutor
stated
sentencing
hearing
government
initial
offer
leniency
exchange
petitioner
cooperation
made
assumption
relatively
minor
figure
conspiracy
government
argued
lengthy
consecutive
sentences
however
shown
wrong
assumption
seems
plain
petitioner
provided
information
requested
incriminated
additional
charges
determining
whether
refusal
cooperate
taken
consideration
based
fear
reprisal
relevant
inquiry
course
whether
defendant
fact
subjective
fear
whether
fear
objectively
reasonable
defendant
actually
afraid
reprisal
failure
cooperate
relevance
legitimate
purpose
sentencing
refers
ancient
offense
misprision
felony
ante
discussion
shows
petitioner
punished
see
ante
government
never
contended
petitioner
behavior
lawful
discussion
continued
vitality
laws
making
crime
fail
report
criminal
behavior
unnecessary
case
observe
laws
fallen
virtually
complete
disuse
development
reflects
deeply
rooted
social
perception
general
citizenry
forced
participate
enterprise
crime
detection
see
note
hastings
note
emory
cf
glazebrook
misprision
felony
shadow
phantom
legal
hist
chief
justice
marshall
stated
may
duty
citizen
accuse
every
offender
proclaim
every
offense
comes
knowledge
law
punish
every
case
performing
duty
harsh
man
marbury
brooks
wheat
indeed
record
hardly
supports
characterization
petitioner
behavior
intransigency
ante
except
refusal
identify
additional
participants
petitioner
quite
helpful
voluntarily
accompanied
payne
office
attorney
time
government
conceded
sentencing
hearing
idea
identity
using
green
jaguar
automobile
ferry
narcotics
city
app
payne
said
lent
car
petitioner
agreed
interviewed
initial
interview
confessed
implicated
voluntarily
explained
meaning
code
words
used
conspiracy
also
relies
judge
mackinnon
assertion
sentence
light
substantial
drug
distributor
ante
course
petitioner
plead
guilty
conspiracy
distribution
heroin
two
counts
unlawful
use
telephone
facilitate
distribution
heroin
count
punishable
maximum
four
years
imprisonment
fine
petitioner
sentenced
consecutive
terms
sentencing
hearing
petitioner
counsel
stated
unable
find
single
case
federal
judge
ever
given
consecutive
sentences
two
phone
counts
app
government
never
challenged
assertion
sentencing
hearing
took
place
april
time
settled
law
question
whether
failure
cooperate
considered
aggravating
factor
sentencing
compare
garcia
improper
factor
rogers
proper
factor
rule
defendant
required
identify
reasons
failure
cooperate
hold
circumstances
defendant
silence
amounted
intentional
relinquishment
abandonment
known
right
privilege
johnson
zerbst
seems
extraordinarily
stern
light
traditional
indulgence
every
reasonable
presumption
waiver
fundamental
constitutional
rights
ibid
citation
omitted
respect
petitioner
conduct
quite
different
deliberate
perjury
involved
grayson
perjury
serious
crime
manipulative
defiance
law
quoting
hendrix
corrupts
trial
process
notes
provides
limitation
shall
placed
information
may
receive
consider
purpose
imposing
appropriate
sentence
statute
however
merely
codification
sentencing
standards
set
forth
williams
new
york
nothing
statute
legislative
history
suggests
congressional
intention
overturn
limit
historic
powers
supervision
conduct
criminal
cases
federal
courts
see
mesarosh
warrant
conclusion
designed
codify
existing
judicial
practices
operates
bar
use
supervisory
powers
safeguard
fifth
amendment
privilege
protect
irrational
sentencing
cf
pollock
maitland
history
english
law
ed
majority
expresses
doubt
principled
distinction
may
drawn
enhancing
punishment
imposed
upon
petitioner
denying
leniency
claims
appropriate
cooperated
ante
judge
lumbard
stated
one
thing
extend
leniency
defendant
willing
cooperate
government
quite
another
thing
administer
additional
punishment
defendant
silence
committed
additional
offense
ramos
concurring
opinion
distinction
may
difficult
administer
certainly
principled
one
appearing
similar
form
several
areas
law
example
distinction
recognized
extending
leniency
defendant
pleads
guilty
augmenting
sentence
defendant
elects
stand
trial
see
araujo
derrick
stockwell
thompson
scott
app
writing
justice
powell
relied
maher
roe
closely
analogous
distinction
direct
state
interference
protected
activity
state
encouragement
alternative
activity
consonant
legislative
policy
certain
circumstances
course
state
encouragement
alternative
activity
may
also
constitutionally
impermissible
see
brennan
dissenting
marshall
dissenting
case
however
agreed
constitutional
objection
raised
offer
leniency
made
induce
cooperation
part
defendant
petitioner
agrees
extent
defendant
cooperation
prosecuting
authorities
may
taken
account
granting
leniency
cooperation
like
confession
may
relevant
whether
defendant
taken
initial
step
toward
rehabilitation
corollary
inference
however
failure
inform
others
means
rehabilitation
unlikely
necessarily
follow
appeals
second
circuit
explained
similar
setting
hile
true
defendant
lack
desire
rehabilitation
may
properly
considered
imposing
sentence
permit
sentencing
judge
infer
lack
desire
defendant
refusal
provide
testimony
leave
little
force
rule
defendant
may
punished
exercising
right
remain
silent
moreover
question
much
refusal
testify
indicates
absence
rehabilitative
desire
given
defendants
often
provide
testimony
simply
get
back
former
associates
obtain
better
deal
government
event
refusal
testify
particularly
narcotics
cases
likely
result
fears
reprisal
witness
family
digiovanni