Substantial Assistance. The United States agrees to advise the Court in writing before imposition of judgment and sentence of the nature and extent of defendant’s cooperation. The United States represents to the defendant that it will consider filing a motion for a downward departure pursuant to § 5K1.1 of the Sentencing Guidelines if, in its sole judgment, the defendant has provided substantial assistance in the investigation and prosecution of other persons who have committed criminal offenses. Defendant expressly acknowledges, however, that there has been no assurance that such a motion will be filed. The United States reserves the right to make the sole determination as to whether and when the defendant has provided substantial assistance. Defendant further understands and agrees that the decision of whether to depart from the sentencing Guideline range pursuant to § 5K1.1, and to what extent, is a matter committed solely to the discretion of the Court. If the Court determines not to depart downward, the defendant shall not be permitted to withdraw his guilty plea solely for that reason. Defendant understands and agrees that if defendant commits a local, state or federal crime (whether a felony or misdemeanor) or violates any conditions of defendant’s bond while he is cooperating with the United States, a motion for downward departure will not be filed by the Government on defendant’s behalf.
Substantial Assistance. “Substantial assistance” within the meaning of 18 U.S.C. § 3553(e) has not yet been provided by the defendant. Upon the determination by the United States Attorney for the Western District of Missouri that the defendant has provided “substantial assistance,” the United States, pursuant to 28 U.S.C. § 994(n) and 18 U.S.C. § 3553(e), will request the Court to reduce the sentence the defendant would otherwise receive under the applicable statutes, or will request a sentence reduction pursuant to § 5K1.1 of the Sentencing Guidelines, or reductions under both the applicable statutes and the Guidelines. The United States reserves the right to make the sole determination as to whether and when the defendant has provided such substantial assistance and further whether to request a reduction generally or a specific sentence or sentence reduction.
Substantial Assistance. “Substantial assistance” within the meaning of 18 U.S.C. § 3553(e) has not yet been provided by the defendant. Upon the determination by the United States Attorney for the Western District of Missouri that the defendant has provided “substantial assistance,” the United States will request a sentence reduction pursuant to § 5K1.1 of the Sentencing Guidelines. The United States reserves the right to make the sole determination as to whether and when the defendant has provided such substantial assistance and further whether to request a reduction generally or a specific sentence or sentence reduction.
