Is it improper for a sentencing court to consider a defendant's refusal to cooperate with the government as a factor in his sentence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Giraldo, 822 F.2d 205 (2nd Cir. 1987):
Third, it is not improper for the sentencing court to take into account a defendant's refusal to cooperate with the government and to impose on him a harsher sentence than would have been imposed had he cooperated. See Roberts v. United States, 445 U.S. 552, 557-58, 100 S.Ct. 1358, 1362-63, 63 L.Ed.2d 622 (1980).
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