United States First Circuit

In a case wherein a prisoner attempted to abate his incarceration term by filing a Fed. R. Crim. P. 35(b) motion claiming that warden's alleged promise to create an opportunity for a sentence reduction as a reward for his assistance in prison effectively bound the government to file a Rule 35(b) motion on his behalf, judgment denying relief is affirmed where: 1) even if the warden did promise to file a Rule 35(b) motion, a warden within the Bureau of Prisons was unauthorized to make the motion as the "government" under Rule 35(b); and 2) a warden lacks express authority, or actual authority by necessary implication, to bind the government to make such motion.

Appellate Information

• Decided 05/23/2008
• Published 05/23/2008

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, CUDAHY, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John M. Thompson with whom Thompson & Thompson, P.C. was on brief for appellant.


• For Appellees:
  
• Karen L. Goodwin, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.