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U.S. v. MULERO-ALGARIN

No. 07-1701.

535 F.3d 34 (2008)

UNITED STATES of America, Appellee, v. Héctor MULERO-ALGARÍN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 24, 2008.

Attorney(s) appearing for the Case

Rafael F. Castro Lang on brief for appellant.

Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney (Chief, Appellate Division), and Germán A. Rieckehoff, Assistant United States Attorney, on brief for appellee.

Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

SELYA, Senior Circuit Judge.

A criminal defendant who, after he is sentenced, elects to cooperate with the government in the prosecution of others may in certain circumstances receive a reduced sentence. See Fed.R.Crim.P. 35(b). Within wide limits, however, the government holds the key that can unlock the door to such leniency. This appeal implicates the extent of the government's discretion in deciding when to withhold...

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