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U.S. v. DAVIS

No. CRIM. 00-10065-PBS.

115 F.Supp.2d 101 (2000)

UNITED STATES of America, Plaintiff, v. John DAVIS, Defendant.

United States District Court, D. Massachusetts.

September 15, 2000.

Attorney(s) appearing for the Case

Pamela E. Berman, Choate, Hall & Stewart, Pamela E. Berman, Schnader, Harrison, Goldstein & Manello, Boston, MA, for John Davis, Defendants.

Ted Heinrich, United States Attorney's Office, Boston, MA, for U.S.

MEMORANDUM AND ORDER1

SARIS, District Judge.

INTRODUCTION

After pleading guilty pursuant to a plea agreement, Defendant John Davis moved to compel the government to file a motion for a downward departure under § 5K1.1 of the United States Sentencing Guidelines ("U.S.S.G."). He alleged that the government's refusal to so move was based on a constitutionally impermissible motive, namely, punishment...

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