· 9/22/1992
United States v. Thomas L. Romsey
Citations
- 975 F.2d 556
- 1992 U.S. App. LEXIS 22876
- 1992 WL 230185
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where plea agreement preserves prosecutorial discretion tofile 5K1.1 motion, court will only review for unconstitutional motive
- holding that where plea agreement preserves prosecutorial discretion tofile 5K1.1 motion, court will only review for unconstitutional motive
- stating that the carefully worded plea agreement preserved government's discretion in filing motion
- holding district courts may review a prosecutor’s refusal to file a motion for substantial assistance and grant relief if the refusal is based on an unconstitutional motive such as race or religion, or is not rationally related to any legitimate government end
- carefully-worded plea agreement preserved government’s discretion not to file substantial-assistance motion
- absent substantial threshold showing, no right to evidentiary hearing
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibson, Lay, Loken
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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