United States Second Circuit

Sentence of 382 months after guilty plea pursuant to cooperation agreement is vacated where defendant has made a sufficient showing that the government acted in bad faith in refusing to file a motion pursuant to 18 U.S.C. section 3553(e) and U.S.S.G. section 5K1.1 reflecting the defendant's substantial assistance to the government, which would have the effect of freeing the defendant from any otherwise applicable statutory mandatory minimum sentence.

Appellate Information

• Decided 03/27/2006
• Published 04/11/2006

Judges

• SACK, Circuit Judge., Before:  CARDAMONE and SACK, Circuit Judges, and CASEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Michael Jude Jannuzzi, Huntington, NY, for Defendant-Appellant., Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Burton T. Ryan, Emily Berger, Assistant United States Attorneys for the Eastern District of New York, of counsel), Brooklyn, NY, for Appellee.