U.S. v. NGUYEN

No. 94 Cr. 241.

932 F.Supp. 98 (1996)

UNITED STATES of America v. Nhat Duc NGUYEN & Johney Pham, Defendants.

United States District Court, S.D. New York.

July 24, 1996.


Attorney(s) appearing for the Case

United States Attorney, Southern District of New York (Allen D. Applbaum, of counsel), New York City, for the U.S.

Marc Bogatin, New York City, for Nhat Duc Nguyen.

Martin J. Siegel, New York City, for Johnny Pham.


OPINION

STANTON, District Judge.

Parallel prosecutions in adjoining federal districts have combined to pose what I believe is a novel question: whether a sentencing judge may depart downward, over the objection of the local United States Attorney, on the basis of a "5K1.1 letter" (motion) in favor of the same defendant but written by a different prosecutor, in a different jurisdiction, but a similar case.

Although at first blush it seems odd, I think...

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