Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Seventh Circuit blesses considering defendant's cooperation without a 5K motion from the government

By Douglas A. Berman

Tucked in the back of a long panel opinion dealing with various sentencing issues is a notable statement about a district judge's post-Booker discretion that, I believe, formally breaks some new ground for the Seventh Circuit.  Near the end of US v. Knox, No. 06-4101 (7th Cir. July 20, 2009) (available here), the Seventh Circuit panel makes this statement: "We agree with Davis that, as a general matter, a district court may consider a defendant?s cooperation with the government as a basis for a reduced sentence, even if the government has not made a § 5K1.1 motion." In the immediate wake of Booker, federal prosecutors often contested and/or complained if a district judge sought to reduce a based on a defendant's cooperation absent a government 5K motion...continue to full post

Full post as published by Sentencing Law and Policy on July 20, 2009 (boomark / email).