Legal Opinion · Concurring in part, dissenting in part

United States v. Grant

Court of Appeals for the Sixth Circuit

Decided January 11, 2011No. 07-3831Published

1Concurring in part, dissenting in partHelene N. White, Circuit Judge

The question is whether in allowing for departure from mandatory minimum sentences for defendants whose substantial assistance is recognized by the government, Congress intended that the sentencing court be restricted to consideration of only the assistance given, foreclosing consideration of other unrelated circumstances or characteristics of the offense or the defendant.

I

The majority concludes that consideration of other factors is permissible only in evaluating whether the defendant should receive the full sentence reduction that would otherwise correspond to the assistance. As conceded by…

2Cases cited3 opinions

  1. United States v. Kwanbe Darche BullardCourt of Appeals for the Sixth Circuit · 2004
  2. United States v. GrantCourt of Appeals for the Sixth Circuit · 2009
  3. United States v. GrantCourt of Appeals for the Sixth Circuit · 2007

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