UNITED STATES v. CRUZ

No. 88-127-CR.

729 F.Supp. 94 (1989)

UNITED STATES of America v. Ligia CRUZ.

United States District Court, S.D. Florida.

December 19, 1989.


Attorney(s) appearing for the Case

Tom Mulvihill, Asst. U.S. Atty., Miami, Fla., for the Government.

Frederick Mann, Miami, Fla., for defendant.


MEMORANDUM DECISION

SCOTT, District Judge.

This cause is before the Court upon Defendant Ligia Cruz's Motion for Departure from the Sentencing Guidelines pursuant to Section 5K1.1. The Government opposes the Motion.

Section 5K1.1 provides that the Court may depart from the Guidelines "upon motion by the Government" establishing that the Defendant has provided substantial assistance to the Government. The Government has not filed such a motion. However...

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