United States v. Hammary

OPINION OF THE COURT

SCIRICA, Circuit Judge.

On May 25, 1999, Diteko Hammary pled guilty to one count of distribution and possession with intent to distribute more than five grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (2). 1 Hammary was sentenced to 100 months’ imprisonment, five years’ supervised release, a $3,000 fine and a special assessment of $100. 2 After sentencing, Hammary assisted the government in other prosecutions. In response, the government filed a motion for downward departure based on substantial assistance under Fed.R.Crim.P. 35(b). 3 The trial court granted…