Wade v. United States, 504 U.S. 181, 4 (1992)

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184

WADE v. UNITED STATES

Opinion of the Court

In the United States Court of Appeals for the Fourth Circuit, Wade argued the District Court was in error to say that the absence of a Government motion deprived it of authority to impose a sentence below 10 years for the drug convictions. Wade lost this argument, 936 F. 2d 169, 171 (1991), and failed as well on his back-up claim that the District Court was at least authorized to enquire into the Government's motives for filing no motion, the court saying that any such enquiry would intrude unduly upon a prosecutor's discretion, id., at 172. We granted certiorari, 502 U. S. 1003 (1991), and now affirm.

The full text of 18 U. S. C. § 3553(e) is this:

"Limited Authority to Impose a Sentence Below a Statutory Minimum.—Upon motion of the Government, the court shall have the authority to impose a sentence below a level established by statute as minimum sentence so as to reflect a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense. Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code."

And this is the relevant portion of USSG § 5K1.1:

"Substantial Assistance to Author ities (Policy Statement) "Upon motion of the government stating that the defendant has provided substantial assistance in the investigation or prosecution of another person who has committed an offense, the court may depart from the guidelines."

Because Wade violated federal criminal statutes that carry mandatory minimum sentences, this case implicates both 18 U. S. C. § 3553(e) and USSG § 5K1.1. Wade and the Government apparently assume that where, as here, the minimum

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