· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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