Legal Opinion
United States v. Maldonado-Acosta
Court of Appeals for the Tenth Circuit
Decided April 25, 2000No. 99-2136PublishedCited by 15 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
United States Sentencing Guideline (“U.S.S.G.”) § 5K1.1 specifically states that a downward sentencing departure for substantial assistance to the government may be granted “upon motion by the government.” We have held that the government’s motion for a departure for substantial assistance “is an unequivocal condition precedent; the [sentencing] court may not act sua sponte in such matters.” United States v. Vargas, 925 F.2d 1260, 1267 (10th Cir.1991). This Circuit has not yet decided, however, in the wake of Koon v. United States, 518 U.S. 81, 116 S.Ct. 2035, 135…
2Cases cited11 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Wade v. United StatesSupreme Court of the United States · 1992
- United States v. Cerrato-ReyesCourt of Appeals for the Tenth Circuit · 1999
- United States v. AlegriaCourt of Appeals for the First Circuit · 1999
- United States v. Hitham Abuhouran A/K/A Steve HouranCourt of Appeals for the Third Circuit · 1998
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. GayCourt of Appeals for the Tenth Circuit · 2001
- United States v. BrowningCourt of Appeals for the Tenth Circuit · 2001
- United States v. McClatcheyCourt of Appeals for the Tenth Circuit · 2003
- United States v. DuncanCourt of Appeals for the Tenth Circuit · 2001
- United States v. ArevaloCourt of Appeals for the Tenth Circuit · 2001
10 more not listed; retrieve them via the Exa API.