Eliminating the Government Motion Requirement of Section 5K1.1 of the Federal Sentencing Guidelines - A Substantial Response to Substantial Assistance: United States v. Gutierrez
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Authors
Masterson, Philip T.
Issue Date
1991
Volume
24
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Federal Sentencing Guidelines are new phenomena in federal criminal law proceedings. Although the guidelines as a whole have withstood constitutional attacks specific provisions within the guidelines have generated heated debate among the federal courts. One such provision is section 5K1.1 of the Federal Sentencing Guidelines.|Section 5K1.1 specifies that "upon motion of the government," the sentencing court may depart downward from the applicable sentencing guideline range in recognition of a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense. Despite the apparent requirement of a government motion, the issue of whether a court, without a government motion, may depart downward from the sentencing guidelines to reflect a defendant's substantial assistance is hotly debated...
Description
Citation
24 Creighton L. Rev. 929 (1990-1991)
Publisher
Creighton University School of Law