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Failure to File a 5K1.1 Is a Violation of Due Process If. . .

By Adam Levin, Benjamin Goldberg, and Garrett Nail

The failure to file a 5K1.1 downward departure  is a violation of Due Process if the government's reason for refusing to file is to punish a defendant for exercising his 6th Amendment Right to a jury trial. The  case, US v. Dorsey, was remanded to the district court to give Dorsey an opportunity to establish a substantial showing that the refusal to file the 5K1.1 was in retaliation for his use of the 6th Amendment. read more

Full post as published by Southern Criminal Law and Justice on September 04, 2007 (boomark / email).