context: . This reading of section 5K1.1 does not insulate the government from judicial review where the government has agreed in a plea agreement to file a motion in return for a defendant's assistance. That situation is, of course, wholly distinct.
citation_a.signal: see also
citation_a.identifier: 905 F.2d 3, 8
citation_a.parenthetical: "We can find no legal basis for requiring the government to make a SS 5K1.1 motion when it did not promise explicitly ... to do so, and no such promise need be implied to make the agreement meaningful."
citation_a.sentence: See United States v. Conner, 930 F.2d 1073, 1075 (4th Cir.1991) (“once the government uses its § 5K1.1 discretion as a bargaining chip in the plea negotiation process, that discretion is circumscribed by the terms of the agreement”); see also United States v. Havener, 905 F.2d 3, 8 (1st Cir.1990) ("We can find no legal basis for requiring the government to make a § 5K1.1 motion when it did not promise explicitly ... to do so, and no such promise need be implied to make the agreement meaningful.”); La Guardia, 902 F.2d at 1016 (" a defendant has the right to reserve his assistance unless the government, by plea agreement, commits to seeking a downward departure”).
citation_b.signal: see
citation_b.identifier: 930 F.2d 1073, 1075
citation_b.parenthetical: "once the government uses its SS 5K1.1 discretion as a bargaining chip in the plea negotiation process, that discretion is circumscribed by the terms of the agreement"
citation_b.sentence: See United States v. Conner, 930 F.2d 1073, 1075 (4th Cir.1991) (“once the government uses its § 5K1.1 discretion as a bargaining chip in the plea negotiation process, that discretion is circumscribed by the terms of the agreement”); see also United States v. Havener, 905 F.2d 3, 8 (1st Cir.1990) ("We can find no legal basis for requiring the government to make a § 5K1.1 motion when it did not promise explicitly ... to do so, and no such promise need be implied to make the agreement meaningful.”); La Guardia, 902 F.2d at 1016 (" a defendant has the right to reserve his assistance unless the government, by plea agreement, commits to seeking a downward departure”).