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U.S. v. Isaac, No. 97-7139 (3rd Cir.) (141 F.3d 477) (April 10, 1998) (Judge Walter K. Stapleton)

We have consistently noted that the Circuit courts have generally acknowledged that the district courts are virtually powerless to intervene when a prosecutor refuses to file a promised motion for a downward departure under U.S.S.G. ยง 5K1.1, "despite meanspiritedness, or even arbitrariness, on the government's part." United States v. Romolo, ...

 

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