No. 01-2702.

329 F.3d 24 (2003)

UNITED STATES of America, Appellee, v. Edward K. MILLS, a/k/a Kwame Mills, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 14, 2003.

Attorney(s) appearing for the Case

Joseph F. Savage, Jr., with whom Richard Myrus, Fred H. Nemeth, and Testa, Hurwitz & Thibeault were on brief, for appellant.

Kevin P. McGrath, with whom Michael J. Sullivan, United States Attorney, and Dina Michael Chaitowitz, Assistant U.S. Attorney were on brief, for appellee.

Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Edward K. Mills pleaded guilty to a one-count information charging him with racketeering in violation of 18 U.S.C. § 1962(c) (2002). At sentencing, the district court considered the government's motion under Sentencing Guideline § 5K1.1 asking for a departure on account of Mills' substantial assistance, but refused to depart. Mills argues that (1) the district court misled him at the plea hearing into believing his disclosures...

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