U.S. v. Underwood, No. 94-10432 (5th Cir.) (61 F.3d 306) (August 2, 1995) (Judge Fortunato P. Benavides)
In this case, after the rat signed a cooperation agreement, the Government refused to file the 5K1 Motion, and the rat moved either for specific performance or for an order declaring that § 5K1.1 was invalid because it was a "policy statement" rather than a "guideline" that violated the Congressional …
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