United States Fifth Circuit

Denial of defendant's pro se motion for a further reduction of his sentence on drug-related charges is affirmed as: 1) absent some illicit motive, the government was under no obligation to file a Rule 35(b) motion, despite whatever assistance defendant had given; 2) consequently, because the government was not moving for a reduction of sentence based on his assistance in another case, it was under no duty to supply the court with information regarding that case; 3) there was no Brady violation; and 4) there was no due process violation.

Appellate Information

• Decided 06/01/2007
• Published 06/04/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Hill Peck, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Houston, TX, for Grant.