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In re Sealed Case

Sentence affirmed because Departure Committee did not violate a plea agreement to recommend a downward departure in exchange for defendant's substantial assistance to prosecutor where defendant aided authorities in one case but refused to testify in another case; court could not presume a violation from Committee's silence with respect to its reasoning.

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Argued February 5, 2001

Opinion for the Court filed by Chief Judge Edwards.

This is an appeal from sentencing. Appellant entered into a boilerplate plea agreement, in which he agreed to plead guilty to two counts of a seven count indictment in exchange for certain assurances from the Government. Among those assurances was a promise that the Departure Guideline Committee would authorize filing a � 5K1.1 motion for downward departure if it determined that appellant had “provided substantial assistance” to the prosecutor. It is undisputed that appellant aided authorities in the successful prosecution of another person. It is also undisputed that appellant refused at the eleventh hour to testify against two different persons in an unrelated prosecution. The Committee did not authorize the � 5K1.1 motion.

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