U.S. v. ALVAREZ

No. 95-3269.

115 F.3d 839 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Israel ALVAREZ, Sr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 20, 1997.


Attorney(s) appearing for the Case

Stephen K. Johnson, Gainesville, FL, for Defendant-Appellant.

Charles White, Asst. U.S. Atty., Anthony J. Jenkins, Asst. U.S. Atty., Tallahassee, FL, for Plaintiff-Appellee.

Before TJOFLAT, DUBINA and CARNES, Circuit Judges.


DUBINA, Circuit Judge:

The defendant, Israel Alvarez, Sr., ("Alvarez") appeals his sentence for conspiracy to distribute and possession with intent to distribute crack cocaine. This appeal presents questions regarding the interaction of U.S.S.G. § 5K1.1 and Fed.R.Crim.P. 35(b), on which the circuits are divided.

BACKGROUND FACTS

Alvarez's plea agreement gave him the opportunity to provide assistance to the Government in the prosecution of others...

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