United States First Circuit

In an appeal arising from a prosecution for importation and drug-trafficking, denial of a motion to compel the government to file a Rule 35(b) motion for a sentence reduction as well as a refusal to allow either discovery or an evidentiary hearing is affirmed where: 1) defendant failed to muster the requisite showing of improper motive on the part of the government; and 2) the district court did not abuse its discretion in refusing to grant the requested relief.

Appellate Information

• Decided 07/24/2008
• Published 07/24/2008

Judges

• SELYA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Rafael F. Castro Lang on brief for appellant.


• For Appellees:
  
• Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney (Chief, Appellate Division), and Germán A. Rieckehoff, Assistant United States Attorney, on brief for appellee.