发言原文
3. How to Structure the Narrative If you are drafting a declaration or speaking to counsel, use this logical flow: Acknowledge the Prior Statement: Clearly identify what was said. Define the Coercion: Detail exactly how you were "forced." Was it a threat from a co-defendant? Pressure from an investigator? The Corrected Fact: State the truth clearly and concisely. Relevance to Sentencing: Explain why the truth changes your "history and characteristics" or the "seriousness of the offense" (under 18 U.S.C. § 3553(a)). Important Note: Correcting a false statement in a federal case can trigger an Obstruction of Justice enhancement or even new charges (18 U.S.C. § 1001) if not handled through an attorney. 2. Strategic Avenues for Correction Since the Court rejected the broad argument that sentencing warrants a "second look" at everything, you must be more specific. A. The "Manifest Injustice" Argument Instead of arguing that sentencing generally requires a new review (which the Judge just rejected), focus on a specific contradiction. If your previous statement was false, and the CIPA materials contain the "truth" or evidence of the "force" used against you, your counsel can argue that withholding that specific subset of information would result in a manifest injustice during sentencing. B. Use of a "Kastigar" or "Truth-Telling" Proffer If you are a defendant or a key witness, your lawyer can initiate a proffer session. This allows you to provide the corrected information to the government under a limited agreement that the statement itself won't be used against you to increase your sentence, provided you are being fully truthful now.