US v. Mulero-Algarin, 07-1701
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.
- Submitted 06/02/2008
- Decided 07/24/2008
- Published 07/24/2008
SELYA, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.
United States First Circuit
Rafael F. Castro Lang on brief for appellant.
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.