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United States Tenth Circuit


US v. BERGER, 00-5024

Prosecution may provide early cooperating defendants in a criminal case with a downward departure under USSG 5K1, but not extend the same departure to other defendants who only cooperated later after learning that the earlier defendants' cooperation.

Appellate Information

  • Decided 05/25/2001
  • Published 05/25/2001

Judges

  • BROWN, Senior District Judge., Before LUCERO, Circuit Judge, McKAY, Senior Circuit Judge, and BROWN, Senior District Judge.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • John E. Dowdell, of Norman, Wohlgemuth, Chandler & Dowdell, Tulsa, OK, for Defendant-Appellant., Kenneth P. Snoke, Assistant United States Attorney (Stephen C. Lewis, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.
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