Criminal Procedure keyed to Kamisar
In re United States
Kenneth Bitsky, defendant, was indicted on one count of civil rights violation and two counts of obstruction of justice when he assaulted an arrested person, tried to induce another officer to write a false report justifying the use of force, and threatened another officer to keep her from informing. The government made a plea agreement under which he pled guilty to one count of obstruction of justice and the other counts would be dropped. At the sentencing hearing, the judge asked why the charges had been dropped and dropped the pea agreement on the ground that the count of conviction would not reflect the gravity of his offense. The defendant plead guilty anyhow and, after denying him the acceptance of responsibility deduction, the judge sentenced him at the top of the guideline range. The government filed Motions to dismiss the other two counts, of which the judge dismissed one on obstruction, but did not dismiss the one on civil rights and, instead appointed a private lawyer to prosecute that count. The government sought a writ of mandamus from the Court of Appeals.
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