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Sixth Circuit ruling on sentencing discretion under Rule 35(b)

By Douglas A. Berman

The Sixth Circuit has a split panel ruling of note today in US v. Grant, No. 07-3831 (6th Cir. June 9, 2009) (available here), concerning the scope of sentencing discretion when prosecutors seek to credit a defendant's cooperation effort via Rule 35(b).  Here is how the majority opinion starts: This sentencing appeal raises the question of what factors a district court may consider when deciding a motion to reduce a sentence pursuant to Federal Rule of Criminal Procedure 35(b), which allows the sentencing judge to reduce a sentence for substantial assistance to the government by the defendant.  Defendant Kevin Grant pleaded guilty to several crimes related to heroin trafficking, and was sentenced to 25 years? imprisonment, the statutory mandatory minimum...continue to full post

Full post as published by Sentencing Law and Policy on June 09, 2009 (boomark / email).