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Home / Opinion Digests / Criminal Law / Sentencing Judge Looked to Unrelated Factors (access required)

Sentencing Judge Looked to Unrelated Factors (access required)

When ruling on the government’s proposal that defendant receive a sentence reduction under USSG § 5K1.1 for his substantial assistance after his arrest with 43 kilos of cocaine hidden in his tractor-trailer, the district court erred by considering factors not related to defendant’s assistance, such as the scope of the conspiracy, defendant’s level of culpability ...