Cooperation Efforts Should Be Considered At Sentencing Regardless of Whether 5K Motion Filed

U.S. v. Doe, 2007 WL 80724 (1/12/07)(unpub'd) - The 10th agrees with the Second Circuit's holding that a sentencing judge should take into consideration a defendant's efforts to cooperate, regardless of the denial of, or refusal to file, a 5K motion. The sentence was procedurally unreasonable because the record did not reflect that the d.ct. considered the defendant's cooperation. Instead, the d.ct. simply said: "rolling over on a co-defendant isn't substantial assistance in my judgment," when it denied the government's 5K motion.