U.S. v. Romolo, No. 90-2187 (1st Cir.) (937 F.2d 20) (June 28, 1991) (Judge Bruce M. Selya)
Here the Court held that "The simple, unvarnished fact remains that, without a government motion, a sentencing court cannot depart downward under U.S.S.G. ยง 5K1.1, despite meanspiritedness, or even arbitrariness, on the government's part" (Id., at 24.
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