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IN RE SEALED CASE

No. 97-3112.

149 F.3d 1198 (1998)

In re SEALED CASE (SENTENCING GUIDELINES' "SUBSTANTIAL ASSISTANCE") NO. 97-3112.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

A.J. Kramer, Federal Public Defender, argued the cause and filed the briefs for appellant.

Ann Rosenfield, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Mary Lou Leary, U.S. Attorney at the time the brief was filed, John R. Fisher and Thomas J. Tourish, Jr., Assistant U.S. Attorneys.

Before: EDWARDS, Chief Judge, TATEL, Circuit Judge, and BUCKLEY, Senior Circuit Judge.

TATEL, Circuit Judge:

The district court denied appellant's motion for downward departure under section 5K1.1 of the United States Sentencing Guidelines because the Government had not filed a motion attesting to appellant's substantial assistance. Applying Koon v. United States, 518 U.S. 81, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996), and finding nothing in the Sentencing Guidelines flatly prohibiting departures in the absence of...

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