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10-1597 U.S. v. Scott

Sentencing Co-conspirators A court cannot consider the fact that a co-conspirator was not convicted as a mitigating factor. "[W]e reject the notion that a court may consider the coconspirator's lack of conviction under § 3553(a) because holding otherwise would deprive prosecutors of the opportunity to exercise any meaningful prosecutorial discretion in coconspirator cases. Under our system of separation ...

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