I have a 5K1.1 (Substantial Assistance) agreement with the government. How important is this interview with the probation officer?
The PSR is no less important simply because a defendant has agreed to cooperate with the government. There is no guarantee that your cooperation will reach the government’s standards for substantial assistance, which dictates the filing of a 5K1.1 motion. Furthermore, assuming that substantial assistance is rendered and the appropriate motions are filed, the prosecutor can still recommend a sentence that falls far short of your expectations. In such instances, the PSR may be beneficial and support the sentence you are requesting (or somewhere between). It is important to remember the PSR remains the primary resource the BOP uses in most decisions that affect an inmate’s daily existence.
