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eBook details

• Title: United States v. Truman
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 29, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

In this case we are called upon to determine the extent of a sentencing judges discretion to depart from a prescribed Sentencing Guideline Range due to assistance offered by a defendant which did not result in the investigation or prosecution of another individual. The sentencing judge in this case held that U.S. Sentencing Guideline Manual (U.S.S.G.) § 5K1.1 applied in such a case and that, absent a motion from the government to depart, he lacked the discretion to do so. We hold that the grounds argued by the defendant as justification for departure fell outside the plain language of § 5K1.1, are governed by § 5K2.0, and permitted the sentencing court to exercise its discretion to depart without a motion from the government. We therefore vacate the judgment of sentence and remand for resentencing.

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