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mcNeese: Govt Controls Rule 35(b) resentencing minimum

By Tim Cone

In U.S. v. McNeese, No. 08-10093 (Nov. 3, 2008), the Court held that the government does have the authority to limit a Rule 35(b) motion for reduction of sentence to one count of an indictment, and thereby preclude a district court from resentencing a defendant to sentence less than that previously imposed on a separate count of the indictment.The defendant was convicted on two counts. On one count the court imposed a life sentence, on the other count it imposed a 240-month sentence. After the defendant gave "substantial assistance" to law enforcement, the government moved, under Rule 35(b), to reduce sentence on the count for which a life sentence was imposed, but not on the other count. The defendant wanted a sentence below 240 months. The court imposed a 240 month sentence, noting that it could not resentence below 240 months because the government had not moved for a Rule 35(b) reduction for that count...continue to full post

Full post as published by Defense Newsletter Blog on November 04, 2008 (boomark / email).