Legal Opinion

United States v. Mulero-Algarin

Court of Appeals for the First Circuit

Decided July 24, 2008No. 07-1701PublishedCited by 9 opinions

1Opinion of the Court

SELYA, Senior Circuit Judge.

A criminal defendant who, after he is sentenced, elects to cooperate with the government in the prosecution of others may in certain circumstances receive a reduced sentence. See Fed.R.Crim.P. 35(b). Within wide limits, however, the government holds the key that can unlock the door to such leniency. This appeal implicates the extent of the government’s discretion in deciding when to withhold the use of that key. Concluding, as we do, that the district court acted appropriately both in refusing to compel the government to file a Rule 35(b) motion and in declining to…

2Cases cited15 opinions

  1. Wade v. United StatesSupreme Court of the United States · 1992
  2. David v. United StatesCourt of Appeals for the First Circuit · 1998
  3. United States v. Solomon Philip Panitz, United States of America v. Andrew Stewart BaumwaldCourt of Appeals for the First Circuit · 1990
  4. United States v. WilliamsCourt of Appeals for the Fifth Circuit · 2001
  5. United States v. Ortiz-SantiagoCourt of Appeals for the First Circuit · 2000

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3Cited by9 opinions

  1. United States v. StewartCourt of Appeals for the Fourth Circuit · 2010
  2. United States v. DeberryCourt of Appeals for the Seventh Circuit · 2009
  3. United States v. Reyes-RiveraCourt of Appeals for the First Circuit · 2016
  4. United States v. Aaron McMahanCourt of Appeals for the Fifth Circuit · 2017
  5. United States v. MartinezCourt of Appeals for the First Circuit · 2021

4 more not listed; retrieve them via the Exa API.

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