United States v. Steve R. Treleaven, and Roderick D. Hier

Roderick D. Hier appeals his sentence for marijuana offenses, arguing that prosecutors impermissibly refused to move for a downward departure for providing substantial assistance after he testified before a grand jury. U.S.S.G. § 5K1.1. We vacate Hier’s sentence and remand for resentencing.

I.

After the district court denied Hier’s motion to suppress evidence, Hier’s counsel contacted the government and offered to negotiate a cooperative plea agreement, whereby Hier would testify against other defendants in exchange for a downward departure. The government declined the offer. See Letter of June 29, 1992. Hier then pled guilty to conspiracy to manufacture marijuana, 21 U.S.C. §§ 846 , 841, and manufacturing marijuana. 21 U.S.C. § 841 . At the plea proceedings, Hier’s counsel reiterated that Hier would cooperate against other defendants if the government promised to move for a downward departure. The government again declined the offer.

Thereafter, the government made ex parte contact with Hier, subpoenaing him to testify at a grand jury proceeding without notifying Hier’s counsel or obtaining counsel’s consent. Hier contacted his lawyer, who promised to contact the Assistant…