GARCIA
v.
UNITED STATES

U.S. | 1991-11-12
No. 91-629
502 U.S. 958 Supreme Court of the United States (1991) Positive Treatment
Cited by 1 case
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  • Wade v. United States, 504 U.S. 181 (U.S. 1992)
    …ition is superseded in this case by any agreement on .the Government’s behalf to file a substantial-assistance motion, cf. Santobello v. New York, 404 U. S. 257, 262-263 (1971); United States v. Conner, 930 F. 2d 1073, 1075-1077 (CA4), cert. denied, 502 U. S. 958 (1991). Wade’s position is consistent with the view, which we think is clearly correct, that in both § 3553(e) and §5K1.1 the condition limiting the court’s authority gives the Government a power, not a duty, to file a motion when a defendant has…

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