United States v. Yeje-Cabrera

LYNCH, Circuit Judge.

This case raises several issues of importance, including whether a district court may punish the prosecution by granting the defendant a lower than warranted sentence after trial because the government had engaged in “fact bargaining.”

Three men, Rafael Yeje-Cabrera,- Wilfredo Pérez, and William Olivero, were convicted, after a twenty-day jury trial, of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846. The conspiracy distributed over 260 kilograms of cocaine. Yeje-Cabrera was also convicted of attempted possession with intent to…