United States Second Circuit

Conviction and sentence based on guilty plea entered under cooperation agreement is vacated based on defendant's showing that, in connection with sentencing, the government acted in bad faith in refusing to file a motion with the district court 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. Moreover, the trial court erred in treating the Sentencing Guidelines as mandatory. (Errata)

Appellate Information

• Decided 03/27/2006
• Published 05/11/2006

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.