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· 6/24/1996

96 Cal. Daily Op. Serv. 4598, 96 Daily Journal D.A.R. 7402 United States of America v. Prakash Man Shrestha, Cross-Appellee

Citations

  • 86 F.3d 935
  • 96 Cal. Daily Op. Serv. 4598
  • 96 Daily Journal DAR 7402
  • 1996 U.S. App. LEXIS 15133
  • 1996 WL 343638

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that defendant need not satisfy requirements of section 3E1.1 to be eligible for relief under section 3553(f)
  • concluding that the defendant was not disqualified from obtaining safety valve relief where he initially confessed all his µnowledge and involvement, but then recanted that confession at trial
  • noting that whether defendant had been completely truthful for purposes of y 3553(f)(5) was a factual matter
  • explaining that “[t]he safety valve statute is not concerned with sparing the government the trouble of prepping for and proceeding with trial” in finding defendant safety-valve eligible after trial
  • deeming such a denial “irrelevant” to the safety valve analysis where the defendant has otherwise provided truthful information
  • outlining two separate “burden[s]” on the defendant and government in safety valve cases

Source: CourtListener parenthetical corpus (CC0).

Judges: Wallace, Nelson, Browning

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.