Whether the Fifth Amendment privilege against self-incrimination may be claimed by a criminal defendant after conviction is an open question. In United States v. Mitchell, the Third Circuit aligned itself with the minority of circuits by holding that defendants retain no Fifth Amendment right against self-incrimination with respect to the facts or circumstances of a crime once convicted, even though their testimony may work to increase their level of punishment.
Cook, Matthew E.
"United States v. Mitchell: The Fifth Amendment at Sentencing,"
Mercer Law Review: Vol. 49:
3, Article 14.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol49/iss3/14