U.S. v. Kaye, No. 94-1381, 899 (2nd Cir.) (65 F.3d 240) (September 5, 1995) (Judge Ralph K. Jr. Winter)
In this case the Government refused to file a § 5K1.1 motion, apparently because the defedant's cooperation with Federal authorities failed to produce a Federal prosecution and because the defendant had already received a sentence reduction on a State charge. However, the Government moved to have the court grant a …
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