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Prosecutorial Discretion, Substantial Assistance, And The Federal Sentencing Guidelines, Cynthia Lee

GW Law Faculty Publications & Other Works

In this Article, Professor Lee examines the government motion requirement for substantial assistance departures in light of Congress's goals for implementing the federal sentencing guidelines. In Part One, Lee discusses the government motion requirement against the backdrop of the goals Congress had in mind when it enacted the federal sentencing guidelines. She points out that while Congress enacted the sentencing guidelines to promote uniformity and proportionality (an "equality value") and honesty and certainty (a "reliance value") in sentencing, the government motion requirement gives prosecutors the unilateral authority to block downward departures for substantial assistance. This increase in prosecutorial sentencing discretion …