Punch and Jurists

U.S. v. Underwood, No. 94-10432 (5th Cir.) (61 F.3d 306) (August 2, 1995) (Judge Fortunato P. Benavides) by In this case, after the rat signed a cooperation agreement, the Government refused to file the 5K1 Motion, and the rat moved either for specific performance or for an order declaring that …

U.S. v. Jones, No. 94-3107 (D.C. Cir.) (58 F.3d 688) (July 7, 1995) (Judge James L. Buckley) by Court expressed concerns about the Government's ability to "dangle" suggestions of a § 5K1.1 motion in front of defendant even when it knows that the defendant could not possibly provide it with …

U.S. v. Melendez, No. 93-5755 (3rd Cir.) (55 F.3d 130) (May 22, 1995) (Judge Walter K. Stapleton) by Another Zap the Rat case in which the Third Circuit joins the Eighth Circuit in holding that in order to grant a downward departure under § 5K1 of the Guidelines, the Government …

U.S. v. Stockdall, No. 93-4089 (8th Cir.) (45 F.3d 1257) (January 1, 1995) (Judge James B. Loken) by In this case the defendants pled guilty to a variety of offenses with mandatory minimum sentences. Their plea agreements required them to cooperate with the government and gave the government the discretion …

U.S. v. Romolo, No. 90-2187 (1st Cir.) (937 F.2d 20) (June 28, 1991) (Judge Bruce M. Selya) by Here the Court held that "The simple, unvarnished fact remains that, without a government motion, a sentencing court cannot depart downward under U.S.S.G. § 5K1.1, despite meanspiritedness, or even arbitrariness, on the …

U.S. v. Canada, No. 91-1691 (1st Cir.) (960 F.2d 263) (April 2, 1992) (Judge Levin H. Campbell) by In this case, the Court held that an AUSA had violated the tems of a plea agreement when she "never . . . Affirmatively recommended a 36-month sentence and her comments seemed …