District Court, E.D. Pennsylvania May 26, 2000, CRIM. A. 93-001, No. CIV. A. 98-733 (United States v. Almodovar)

MEMORANDUM

LUDWIG, District Judge.

Defendant Juan Almodovar moves to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. On June 8 and July 6, 1999, evidentiary hearings were held on whether the government’s refusal to file a downward departure motion under U.S.S.G. § 5K1.1 amounted to bad faith. For the following reasons, a finding of bad faith will be entered.