United States Ninth Circuit

A sentence for misprision of felony is vacated where the government failed to make the requisite determination whether defendant had provided substantial assistance prior to sentencing to warrant a U.S.S.G. section 5K1.1 motion for downward departure.

Appellate Information

• Decided 09/13/2002
• Published 09/13/2002

Judges

• Before FISHER and PAEZ, Circuit Judges, and WHELAN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Julie Elizabeth Mumma, Sacramento, California, for the defendant-appellant., Kenneth J. Melikian and R. Steven Lapham, Assistant United States Attorneys, Sacramento, California, for the plaintiff-appellee.