· 6/23/1992
United States v. Horace John Knights, A/K/A John Knights Aaron McAdoo Lyttleton Knights
Citations
- 968 F.2d 1483
- 1992 U.S. App. LEXIS 14490
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that once defendant makes a sufficient showing to trigger a hearing, it is within the district court’s discretion to determine the format
- recognizing district court’s unique ability to evaluate credibility where it personally hears the witness’s trial testimony
- vacating and remanding district court’s finding that prosecutor acted in good faith when none of government’s reasons for refusing to move for downward departure suggested that defendant had not fulfilled his obligations
- remanding for a hearing despite Govern- ment's \sole and unfettered discretion\ regarding motion
- noting, in the context of bad faith analysis, that \it would have been fraudulent to have induced a defendant’s plea with a promise that the government already knew it was not going to keep\
- in refusing to make 5K1.1 motion, government may not rely on circumstances of which it was aware at time of agreement as a basis for its refusal
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Pratt, McLaughlin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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