Us v. Vegerano-Rodriguez, No. 04-1018, is yet another vacation of a sentence because it “...Improperly delegate[d] the district court's authority to determine the maximum number of drug tests required during the appellant's supervised release term.”
The court also affirms the "...denial of her motion for an evidentiary hearing on the issue of the propriety of the government's motives in refusing to file a downward departure motion for substantial assistance pursuant to a plea agreement." The District Court had found that the defendendant had not shown that "that the government had an unconstitutional motive in refusing to file a substantial assistance motion."
The government, in its proffer said, ..."she did not initially provide all information known to her and only later told the complete truth when the government made efforts to extract it from her."