United States Sixth Circuit

District court exceeded its authority under Federal Rule of Criminal Procedure 35(c) when it reconsidered a final decision denying a motion for a downward departure, and reduced defendant's sentence based upon his work history and the nature of the aggravated felony.

Appellate Information

• Argued 03/21/2002
• Decided 05/17/2002
• Published 05/17/2002

Judges

• Before: NORRIS, SILER, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Randy W. Ream (briefed), Terry M. Cushing (briefed), Asst. U.S. Attorneys, Louisville, KY, Daniel S. Goodman (argued), U.S. Department of Justice, Appellate Section, Criminal Division, Washington, DC, James E. Costello (briefed), U.S. Department of Justice, Criminal Division, Washington, DC, for Plaintiff-Appellant.


• For Appellees:
  
• Scott T. Wendelsdorf (argued), Jamie L. Haworth (briefed), Asst. Federal Public Defender, Patrick J. Bouldin, Asst. Federal Public Defender, Louisville, KY, for Defendant-Appellee.