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MELENDEZ v. UNITED STATES

No. 95-5661.

518 U.S. 120 (1996)

MELENDEZ v. UNITED STATES

United States Supreme Court.

Decided June 17, 1996.

Attorney(s) appearing for the Case

Patrick A. Mullin argued the cause for petitioner. With him on the briefs were David Zlotnick and Peter Goldberger.

Irving L. Gornstein argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, and Ginsburg, JJ., joined, and in which O'Connor and Breyer, JJ., joined as to Parts I and II. Souter, J., filed a concurring opinion, p. 131. Stevens, J., filed an opinion concurring in the judgment, p. 132. Breyer, J., filed an opinion concurring in part and dissenting in part, in which O'Connor, J., joined, p. 132.

Justice Thomas, delivered the opinion of the Court.

The issue here is whether a Government motion attesting to the defendant's substantial assistance in a criminal investigation and requesting that the district court depart below the minimum of the applicable sentencing range under the Sentencing Guidelines also permits the district court to depart below any statutory minimum sentence. We hold that it does not.

I...

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