No. 310, Docket 89-1286.

896 F.2d 710 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Domingo REXACH, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 20, 1990.

Attorney(s) appearing for the Case

Carol L. Sipperly, Asst. U.S. Atty., S.D. N.Y. (Benito Romano, U.S. Atty., S.D.N.Y., Vincent Briccetti, Asst. U.S. Atty., of counsel), for plaintiff-appellee.

Robert E. Precht, New York City (The Legal Aid Society, Federal Defender Services Unit, of counsel), for defendant-appellant.

Before VAN GRAAFEILAND, PIERCE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

On this appeal we consider whether the district court erred in denying defendant's motion for specific performance of his cooperation agreement with the government. The agreement provided that if defendant Domingo Rexach "made a good faith effort to provide substantial assistance" to the government, then the government would move at sentencing for a downward departure. 18 U.S.C. § 3553(e); United States Sentencing Commission, ...

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