Interesting 7th Circuit Case Regarding 5K1.1 Motions
According to Professor Berman:
In the immediate wake of Booker, federal prosecutors often contested and/or complained if a district judge sought to reduce a [sentence] based on a defendant's cooperation absent a government 5K motion. In the wake of Gall and Kimbrough, I do not believe federal prosecutors still resist the notion that a district court's sentencing authority extends this far. Nevertheless, the fact that the Seventh Circuit expressly declares in this new ruling that a "defendant’s cooperation with the government as a basis for a reduced sentence" even absent a government motion seems noteworthy.