U.S. v. Khoury, No. 94-50394 (9th Cir.) (62 F.3d 1138) (August 3, 1995) (Judge Monroe G. McKay)
With unusually strong words, the majority in this case condemned the Government for refusing to make a 5K1 Motion in retaliation for the defendant's decision to go to trial rather than plead guilty.
In this case, the defendant initially signed a plea agreement in which the Government acknowledged that the …
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