United States Sixth Circuit

The district court's reduction of a sentence under Fed. R. Crim. P. 35(b) is a "sentence" such that 18 U.S.C. section 3742(a) applies, thus the circuit court lacks jurisdiction to review the extent of the district court's downward departure.

Appellate Information

• Argued 12/06/2002
• Decided 04/14/2003
• Published 04/14/2003

Judges

• Before BOGGS, SILER, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Barbara Colby Tanase (argued and briefed), Assistant United States Attorney, Lansing, Michigan, for Plaintiff-Appellee., William L. Fette (argued and briefed), Kalamazoo, Michigan, for Defendant-Appellant.