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WADE v. UNITED STATES

No. 91-5771.

504 U.S. 181 (1992)

WADE v. UNITED STATES

United States Supreme Court.

Decided May 18, 1992.

Attorney(s) appearing for the Case

J. Matthew Martin, by appointment of the Court, 502 U.S. 1028, argued the cause for petitioner. With him on the briefs was Eugene Gressman.

Robert A. Long, Jr., argued the cause for the United States. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Nina Goodman.*

Souter, J., delivered the opinion for a unanimous Court.

Justice Souter, delivered the opinion of the Court.

Section 3553(e) of Title 18 of the United States Code empowers district courts, "[u]pon motion of the Government," to impose a sentence below the statutory minimum to reflect a defendant's "substantial assistance in the investigation or prosecution of another person who has committed an offense." Similarly, § 5K1.1 of the United States Sentencing Commission, Guidelines Manual (Nov. 1991) (USSG), permits

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