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EDNY COURTHOUSE, August 18 –  A man who pled guilty to conspiracy to bring kilos of cocaine into New York from California is set to be sentenced in the U.S. District Court for the Southern District of New York on August 24.

  EDNY prosecutors argue that he is not eligible for the "safety value;" upon request they have provided a copy to Inner City Press of the plea agreement, which is for the mandatory minimum five years that only the safety valve, or cooperating, would get defendant Henrick Foster out of. 

  Inner City Press is publishing the plea agreement on its DocumentCloud here, as part of its Campaign Of Open Courts; the sentencing memo, since we've paid to view it on PACER, is now available to all on CourtListener.

 EDNY Assistant US Attorney Lax argued that "the defendant is not “safety value” eligible. Specifically, the defendant has not provided a complete and truthful statement regarding his involvement in the instant offense or offenses that were part of the same course of conduct or of a common scheme or plan. Therefore, he has not satisfied all the factors of U.S.S.G. § 5C1.2(a) and/or 18 U.S.C. § 3553(f) and is subject to the statutory minimum 60-month sentence."  

And again, here via EDNYnews' Spokesman John Marzulli who answered this (but not yet other questions or requests) is the executed plea agreement, to 60 months, here. 

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