BOUT'S CODEFENDANT GETS FIVE YEARS FOR COOPERATING

Andrew Smulian,  ex-South African Air Force airman and ex-air cargo company operator, was sentenced* this week to five years in Federal Prison for his role in co-conspirator Viktor Bout's attempt to sell weapons and missiles to the FARC. Smulian, who was also sentenced to five years of Supervised Release after he serves his sentence, has already spent the last 50 months in Pre-trial Confinement, all of which will be credited to his sentence.

                                                          Andrew Smulian

Smulian cooperated with US law enforcement after his arrest; he waived extradition from Thailand, and an Information was subsequently filed against him in US District Court, a probable indication that he was engaged in rendering substantial assistance to the United States at that time.

the Government's Sentencing Memorandum, it was stated that "Smulian was a critical witness in the government's trial against Bout. he testified for a total of two-and-one half days during the trial..."** The quality of his assistance resulted in the Government's motion to depart below the Guidelines, pursuant to Rule 5k1.1 of the USSG. Bout is presently serving a sentence of 25 years; he has filed a Notice of Appeal.

                                     Does Bout's appeal have a chance of obtaining a reversal ?
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* United States vs. Andrew Smulian,  Case No.: 08-cr-000711-SAS (SD NY).
** Sentencing Memorandum at 12.