United States Third Circuit

Defendant's request for a downward departure is denied where his assistance in connection with a civil investigation falls within U.S.S.G. section 5K1.1, which requires a government motion for a grant of a downward departure.

Appellate Information

• Argued 03/11/2004
• Decided 08/27/2004
• Published 08/27/2004

Judges

• SLOVITER, Circuit Judge., Before SLOVITER and NYGAARD, Circuit Judges, and SHADUR, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David L. McColgin (Argued), Assistant Federal Defender, Supervising Appellate Attorney, Maureen Kearney Rowley, Chief Federal Defender, Robert Epstein, Federal Court Division, Defender Association of Philadelphia, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Peter D. Hardy(Argued), Catherine Votaw, Assistant United States Attorneys, Philadelphia, PA, for Appellee.