United States Fourth Circuit

Order granting government's motion to withdraw its Rule 35(b) motion for reduction of defendant's sentence, made under plea agreement where defendant lied and failed to disclose information during course of cooperation, is affirmed over claims that: 1) the court never had subject-matter jurisdiction as the government proceeded on an information instead of an indictment for a crime punishable by death; 2) the plea agreement did not authorize the government to withdraw its motion for a reduction of sentence; and 3) the court abused its discretion in denying an evidentiary hearing on whether the government breached the plea agreement.

Appellate Information

• Argued 12/01/2005
• Decided 05/24/2006
• Published 05/24/2006

Judges

• Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Craig Weston Sampson, Richmond, Virginia, for Appellant.   David John Novak, Assistant United States Attorney, Office of The United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Marc L. Resnick, Washington, D.C., for Appellant.  Paul J. McNulty, United States Attorney, Brian L. Whisler, Assistant United States Attorney, Richmond, Virginia, for Appellee.