United States v. Lewis, No. 06-0408-cr. (2d Cir. Jan. 25, 2006)
Lewis entered into a plea and cooperation agreement with the Government and, in fact, testified on behalf of the Government in two trials. Lewis, however, lied during the course of that testimony. The Government, in turn, excercised its discretion (as provided for in his plea and cooperation agreement) to not provide the Court with a 5K letter at Lewis' sentencing based on his breach of his plea and cooperation agreement . Lewis appealed and the Second Circuit affirmed the Government's decision not to file a 5K letter.
Well tread ground. If you breach your agreement with the Government, they will not support you at sentencing. But Lewis likely would have been a good candidate for a non-Guidelines sentence based on non-5K cooperation if he had otherwise provided the Government with good information, right?
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