Cooperation--based federal sentencing

In the latest deliberation of “reasonableness,” the U.S. 2nd. Circuit Court of Appeals on April 3rd. found that in considering sentences below the prescribed federal guideline standards, a defendant’s cooperation & assistance with authorities didn’t have to be “substantial,” and a motion for that alternative from prosecutors wasn’t necessary in light of Booker/Fanfan.

“In formulating a reasonable sentence,” it was held, “a sentencing judge must consider ‘the history & characteristics of the defendant’ within the meaning of 18 USC § 3553(a)(1), as well as the other factors enumerated in § 3553(a) … including the contention that a defendant made efforts to cooperate, even if those efforts didn’t yield a government motion for a downward departure pursuant to U.S.S.G § 5K1.1 (U.S. v. Fernandez, 2d Cir., Case 05-1596 )

Sec. 5K1.1 is that portion of the federal sentencing guidelines entitled “substantial assistance to authorites.” (See here @ Pp. 429).

18 USC § 3553(a) deals with the “factors to be considered in the imposition of sentences”