United States Sixth Circuit

In a conviction of defendant for possession of a firearm, conspiracy to commit money laundering, and operation of a continuing criminal enterprise, district court's grant of government's motion to reduce defendant's sentence from twenty-five years to sixteen years, based on his substantial assistance in the prosecution of others, is affirmed where: 1) defendant's argument that the resolution of a Rule 35(b) motion requires full Booker-type consideration of the section 3553(a) factors is rejected; 2) the district court acted within its discretion in refusing to consider defendant's section 3553(a)-based arguments; and 3) district court properly calculated defendant's Guidelines range.

Appellate Information

• Decided 01/11/2011
• Published 01/11/2011

Judges

• GIBBONS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Dennis Belli, Benjamin C. Glassman