U.S. v. Awad, No. 01-50408 (9th Cir.) (371 F.3d 583) (June 9, 2004) (Judge Cynthia Holcomb Hall)
Once the Government decides to file a § 5K1.1 motion, it may not then defer a determination as to the substantiality of a defendant’s assistance on the ground that it would be premature to make such a judgment or that it can file a Rule 35(b) motion later.
The defendant ...
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login