United States v. Doe
741 F.3d 359
| 2d Cir. | 2013Background
- Doe petitioned for §5K1.1/§3553(e) motions under a Cooperation Agreement; district court denied; sentence imposed 72 months.
- Doe cooperated for over two years before Utah arrest for domestic violence charges; state charges were later dismissed.
- The Government investigated and concluded Doe breached the Agreement by committing further crimes in Utah, based on its own investigation and Doe’s admissions.
- The District Court found a breach, declined to file motions, and imposed a below-guideline sentence of 72 months.
- Doe appeals contending the Government lacked good faith or that the sentence is unreasonable; the Court of Appeals affirms.
- The court analyzes cooperation agreements using contract-law principles and defers to prosecutorial discretion, reviewing de novo the agreement terms only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government properly exercised discretion | Doe | Government breached; acted in bad faith | Yes, government acted in good faith and properly denied motion |
| Whether Doe’s sentence was reasonable | Doe | Sentence reasonable and within range | Sentence substantively and procedurally reasonable |
Key Cases Cited
- United States v. Fernandez, 127 F.3d 277 (2d Cir. 1997) (cooperation agreement good-faith evaluation)
- United States v. Gregory, 245 F.3d 160 (2d Cir. 2001) (good-faith basis to find breach; state charges can support breach)
- United States v. Knights, 968 F.2d 1483 (2d Cir. 1992) (limited review of prosecutorial discretion in cooperation)