RFRA objection to Sentencing Guidelines that provide for downward departure when a defendant has provided substantial assistance

[Volokh, Eugene]

    In U.S. v. Tabas, 2002 WL 2004270 (3rd Cir. May 7), the defendant
claimed that "Sentencing Guideline 5K1.1, which provides for downward
departure when a defendant has provided substantial assistance, burdens
his [RFRA] and First Amendment rights to the free exercise of religion
because a Rabbi advised him that it is forbidden for a Jew to inform
against others."  Assume that Tabas indeed sincerely believes that he is
religiously forbidden from informing against others, and that's the only
form of substantial assistance that the government gave him a chance to
provide.  What should the result be?  (The court didn't reach the merits
of the question.)

    Eugene
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