United States v. Hitham Abuhouran A/K/A Steve Houran

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal by Hitham Abuhouran requires us to consider whether, in the wake of Koon v. United States, 518 U.S. 81, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996), Sentencing Guideline § 5K2.0 gives a district court the authority to grant a defendant a downward departure from the Guidelines range on the ground that he offered substantial assistance to the government even though the government has not moved for such a departure under Sentencing Guideline § 5K1.1. The Court of Appeals for the D.C. Circuit recently held that, in light of Koon, a district court…