United States Eleventh Circuit

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US v. McNeese, 0810093

Following a four-count indictment against defendant for drug-related charges and sentences of life-imprisonment on 3 counts, grant of government's motion to reduce defendant's sentence as to a specific count of his multi-count judgment is affirmed where: 1) the district court did not err in acting in accordance with the government specification regarding the term to which its Rule 35(b) motion should apply; and 2) regarding the issue of whether the government erred in declining to file a Rule 35(b) motion, the court lacked jurisdiction to review that choice because defendant did not show that the government had unconstitutional motives.

Appellate Information

  • Decided 11/03/2008
  • Published 11/03/2008

Judges

Court

  • United States Eleventh Circuit

Counsel