Denying a cooperative defendant an effective opportunity to ask the court to depart from a mandatory sentencing term violates the due process clause of the fifth amendment. Defendants in only a few jurisdictions are assured a fair sentencing by courts which refuse to impose sentence based on the unconstitutional provisions. Some defendants might receive more lenient sentences where the court holds that the government reneged on an agreement to recommend downward departure, but most defendants cannot effectively summon the court's attention to their cooperation. This unjustifiably wide disparity in treatment of defendants who have assisted the government contradicts the purpose behind the new sentencing law and violates defendants' due process rights at sentencing. If Congress fails to revise the statutory provision and directs the Sentencing Commission to revise the policy provision which currently delegates discretion in requesting downward departure to the government only, the Supreme Court should intervene. 209 footnotes