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U.S. v. RUEBEN

Crim. No. H-91-59.

842 F.Supp. 262 (1994)

UNITED STATES of America, Plaintiff, v. Mauricio RUEBEN, Defendant.

United States District Court, S.D. Texas, Houston Division.

January 21, 1994.

Attorney(s) appearing for the Case

Judith Lombardino, Asst. U.S. Atty., Houston, TX, for plaintiff.

Philip H. Hilder, Houston, TX, for defendant.

MEMORANDUM

HUGHES, District Judge.

1. Introduction.

When the government contractually retains its discretion to move for a downward departure for substantial assistance, it has a duty to tender to the defendant and the court some evidence to support that decision. Because the court has the duty to enforce plea agreements, it must grant a departure if the government fails to request one for reasons...

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