Dist. Ct. did not err in sentencing defendant to below-guidelines, 244-month term of incarceration on certain drug charges, even though govt. had refused to move for further sentence reduction based on defendant’s substantial assistance that resulted in seven convictions and removal of 60 guns from streets. Govt. acted within its discretion in failing to move for said reduction, where: (1) defendant had disappeared for over 6-month period at time govt. sought additional assistance; and (2) defendant only identified low-level targets and protected higher-level sources and families and friends when providing assistance to authorities. Also, defendant was not entitled to remand for purpose of allowing more discovery and hearing on issue regarding govt.’s actual motive in withholding motion for sentence reduction, where defendant did not make substantial threshold showing of any improper motive and merely argued that he deserved said reduction in sentence.
Federal 7th Circuit Court
Criminal Court
Sentencing