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U.S. v. TRUMAN

No. 01-5072.

304 F.3d 586 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Sven P. TRUMAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 29, 2002.

Attorney(s) appearing for the Case

Terry M. Cushing (briefed), Asst. U.S. Attorney, Louisville, KY, Erwin Roberts (argued and briefed), Office of the U.S. Attorney, Louisville, KY, for Plaintiff-Appellee.

Dennis Olgin (briefed), Scott C. Byrd (argued and briefed), Olgin & Byrd, Louisville, KY, for Defendant-Appellant.

Before: KRUPANSKY and BOGGS, Circuit Judges; LAWSON, District Judge.

OPINION

LAWSON, District Judge.

In this case we are called upon to determine the extent of a sentencing judge's discretion to depart from a prescribed Sentencing Guideline Range due to assistance offered by a defendant which did not result in the investigation or prosecution of another individual. The sentencing judge in this case held that U.S. Sentencing Guideline Manual (U.S.S.G.) § 5K1.1 applied in such a case and that, absent a motion from the...

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