A cooperating defendant who failed to appear for his own sentencing is still entitled to a letter from the government requesting a downward departure under the federal sentencingguidelines, a Southern District judge has ruled.

Senior Judge Charles S. HaightJr. found in United States v. Vergara, 90 Cr. 44, that admittedcocaine dealer Emiro Vergara should be considered for a sentence belowthe mandatory minimum because his cooperation led to the conviction oftwo other dealers.

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