Legal Opinion

United States v. Davis

Court of Appeals for the First Circuit

Decided May 3, 2001No. 00-2281PublishedCited by 10 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

John Davis argues that this is one of those rare instances in which the government should have been compelled to file a motion warranting that a defendant had provided substantial assistance to the government, with the consequence that the district court could then have given Davis a downward departure from the four year maximum sentence he did receive. See 18 U.S.C. § 3553(e); U.S.S.G. § 5K1.1. It is undisputed that Davis provided assistance to the government in its investigation of other drug traffickers, although he was admittedly reticent about a murder in Boston. The…

2Cases cited10 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Wade v. United StatesSupreme Court of the United States · 1992
  3. United States v. SaxenaCourt of Appeals for the First Circuit · 2000
  4. United States v. Pedro M. Gonzalez-Sanchez, United States of America v. Carlos Latorre, United States of America v. Manuel Parrilla-MarquezCourt of Appeals for the First Circuit · 1987
  5. Melendez v. United StatesSupreme Court of the United States · 1996

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3Cited by10 opinions

  1. United States v. Nelson-RodriguezCourt of Appeals for the First Circuit · 2003
  2. United States v. Vega-MolinaCourt of Appeals for the First Circuit · 2005
  3. United States v. Jose Omar Cruz-Mercado, United States of America v. Victor Fajardo-VelezCourt of Appeals for the First Circuit · 2004
  4. United States v. Mulero-AlgarinCourt of Appeals for the First Circuit · 2008
  5. United States v. Nelson-RodriguezCourt of Appeals for the First Circuit · 2003

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