U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson)
Here, joining with similar rulings from the Third and Ninth Circuits, the Eleventh Circuit held that, when the Government refuses to file a motion for a downward departure under U.S.S.G. ยง 5K1.1 in retribution for a defendant exercising his constitutional right to a jury trial, such a reason constitutes an ...
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