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United States v. Ricardo Delvi

Defendant Edgar Sanchez was convicted ^[1] of conspiring to distribute 50 grams and more of "crack" cocaine, five kilograms and more of cocaine, and one kilogram and more of heroin (Count One), counseling, commanding, inducing, procuring, and causing the i.....

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Defendant Edgar Sanchez was convicted^[1] of conspiring to distribute 50 grams and more of “crack” cocaine, five kilograms and more of cocaine, and one kilogram and more of heroin (Count One), counseling, commanding, inducing, procuring, and causing the intentional killing of Earl Edwards (Count Two), using, carrying and possessing at least two firearms in furtherance of a narcotics conspiracy (Count Seventeen), and discharge of a firearm in connection with the death of Earl Edwards (Count Eighteen).^[2] Sanchez now seeks an order compelling the Government to file a motion pursuant to section 5K1.1 of the United States Sentencing Guidelines and section 3553 of Title 18 of the United States Code. In the alternative, Sanchez seeks a downward departure from the sentencing guidelines pursuant to section 5K2.0,^[3] or a hearing to determine whether the Government exercised bad faith in refusing to either enter into a cooperation agreement with Sanchez, or file a motion pursuant to section 5K1.1 on his behalf.

I. FACTUAL Background

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