U.S. v. SMITH

No. 90-3606.

953 F.2d 1060 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey C. SMITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1992.


Attorney(s) appearing for the Case

Christina McKee, argued, Larry A. Mackey, Asst. U.S. Attys., Indianapolis, Ind., for plaintiff-appellee.

Kevin P. McGoff, argued, J. Richard Kiefer, Safrin, Kiefer & McGoff, Indianapolis, Ind., for Jeffrey C. Smith.

Before CUDAHY and EASTERBROOK, Circuit Judges, and PELL, Senior Circuit Judge.


EASTERBROOK, Circuit Judge.

Section 5K1.1 of the sentencing guidelines provides: "Upon motion of the government stating that the defendant has provided substantial assistance in the investigation or prosecution of another person who has committed an offense, the court may depart from the guidelines." Defendants often estimate the value of their assistance, and the risks they have taken to provide it, more highly than does the prosecutor. Regularly they ask the court...

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