Apprendi v. New Jersey holds that a district court cannot use any fact to increase the statutory maximum penalty for a crime unless that fact is admitted by the defendant or the government proves it at trial beyond a reasonable doubt. Alleyne v. United States stands for the same principle, but as it relates to statutory minimum penalties. The assessment of a leadership role, for purposes of an upward adjustment pursuant to U.S.S.G. § 3B1.1 and "Safety Valve" disqualification pursuant to 18 U.S.C. § 3553(f)(4) and U.S.S.G. § 5C1.2(a)(4), is a factually-specific determination that can only be challenged and overcome by distinguishing the facts of the particular case from those which support the adjustment. - Joshua Sabert Lowther, Esq., National Federal Defense Group.
The defendant needs to hire an experienced criminal defense attorney that practices in your federal district ASAP to advise you. This is complicated law for a layman, and for attorneys that don't practice in federal court. www.kacdl.net
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..