Student [in the role of defense counsel]: I would ask for a [Rule] 5(k)(1) motion [which, for you who care, would inform the sentencing judge that the defendant gave substantial assistance during the investigation]..
Prof: Student [in role of prosecutor], are you going to give the defendant a 5(k)(1) for his help?
Student: Ummm… No.
Prof: That’s a fairly arbitrary exercise of discretion there.
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