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U.S. v. Rivera (Walden), No. 98-1651(L) (2nd Cir.) (201 F.3d 99) (November 22, 1999) (Judge John M. Jr. Walker)

Section 5K1.2 of the Guidelines flatly states that “[a] defendant’s refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.” That provision didn’t seem to bother District Judge Lewis A. Kaplan of New York very much. In sentencing defendant Jerry Walden ...

 

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