Thursday, February 3, 2011

US v. Morris: Judge Patel Reversed

The 9th Circuit Court of Appeals reversed a district court judgment - that of Judge Patel. The court held that the government's decision to carry out an earlier threat to increase a defendant's potential sentence following his refusal to cooperate as a witness in a trial of a confederate did not violate the defendant's due process rights.  In other words, the court upheld the government's ability to threaten a defendant with the filing of his 21 U.S.C. §851(a)(1) priors if defendant would not cooperate against co-defendants and/or plead guilty.


The case is: United States v. Morris, 10-10009.