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U.S. v. Fernandez, No. 96-1673 (2nd Cir.) (127 F.3d 277) (October 10, 1997) (Judge Amalya Lyle Kearse)

In this case the Court held that the Government's refusal to make a ยง 5K1.1 motion is justified where the defendant has breached his cooperation agreement in a way that damaged the case in which he was cooperating.

 

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