United States Sixth Circuit

Defendant's drug conspiracy sentence is vacated, where the District Court erred by considering the government's statement of intent to file a post-sentence Fed. R. Crim. P. 35 motion to reduce Defendant's sentence based on his future cooperation.

Appellate Information

• Decided 03/25/2009
• Published 03/25/2009

Judges

• Before: MOORE, CLAY, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant.  Maarten Vermaat, Assistant United States Attorney, Marquette, Michigan, for Appellee.