United States Sixth Circuit

When a defendant moves for a downward departure based on cooperation which does not involve the investigation or prosecution of another person, U.S.S.G. section 5K1.1 does not apply and the sentencing court is not precluded from considering the defendant's arguments solely because the government has not made a motion to depart.

Appellate Information

• Argued 04/24/2002
• Decided 08/29/2002
• Published 08/29/2002

Judges

• Before: KRUPANSKY and BOGGS, Circuit Judges;  LAWSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Terry M. Cushing (briefed), Asst. U.S. Attorney, Louisville, KY, Erwin Roberts (argued and briefed), Office of the U.S. Attorney, Louisville, KY, for Plaintiff-Appellee., Dennis Olgin (briefed), Scott C. Byrd (argued and briefed), Olgin & Byrd, Louisville, KY, for Defendant-Appellant.