United States Seventh Circuit

Defendant's sentence for a drug conviction is reversed where the government's decision not to file a Rule 35(b) motion for a reduced sentence, based on defendant cooperation, lacked a rational relationship to a legitimate government interest and was made in bad faith.

Appellate Information

• Argued 11/13/2003
• Decided 12/02/2004
• Published 12/02/2004

Judges

• WILLIAMS, Circuit Judge., Before POSNER, RIPPLE, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Thomas Edward Leggans (Argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee., Phillip J. Kavanaugh, Andrea L. Smith (Argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.