Harold Ray Wade v. United States (504 U.S. 181)
U.S. Supreme Court · decided May 18, 1992 · Supreme Court Database (Spaeth)
- Citation
- 504 U.S. 181 · 112 S. Ct. 1840
- Decided
- May 18, 1992
- Term
- October Term 1991
- Vote
- 9–0
- Majority author
- Justice Souter
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Souter delivered the opinion of the Court. Section 3553(e) of Title 18 of the United States Code empowers district courts, “[u]pon motion of the Government,” to impose a sentence below the statutory minimum to reflect a defendant’s “substantial assistance in the investigation or prosecution of another person who has committed an offense.” Similarly, §5K1.1 of the United States Sentencing Commission, Guidelines Manual (Nov. 1991) (USSG), permits district courts to go below the minimum required under the Guidelines if the Government flies a “substantial assistance” motion. This case presents the question whether district courts may subject the Government’s refusal to file such a motion to review for constitutional violations. We hold that they may, but that the petitioner has raised no claim to such review. On October 30, 1989, police searched the house of the petitioner, Harold Ray Wade, Jr., discovered 978 grams of cocaine, two handguns, and more than $22,000 in cash, and arrested Wade. In the aftermath of the search, Wade gave law enforcement officials information that led them to arrest another drug dealer. In due course, a federal grand jury indicted Wade for distributing cocaine and possessing cocaine with intent to distribute it, both in violation of 21 U. S. C. § 841(a)(1); for conspiring to do these things, in violation of §846; and for using or carrying a…
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