United States v. Jane Doe

Opinion for the Court filed by Chief Judge MIKVA.

Concurring opinion filed by Circuit Judge D.H. GINSBURG.

MIKVA, Chief Judge:

This appeal raises statutory and constitutional challenges to the substantial assistance provision of the United States Sentencing Guidelines. See United States Sentencing Guidelines (“U.S.S.G.”) § 5K1.1 (1990). The district court concluded that section 5K1.1, which permits a court to depart from the guidelines to recognize a defendant’s cooperation with authorities only upon motion of the government, violates due process. See United States v. Roberts, 726 F.Supp. 1359,…