United States Seventh Circuit

In a criminal sentencing action, appeal of district court's dismissal of defendant's rule 35(b) motion for lack of jurisdiction is dismissed where defendant cannot file a rule 35 (b) motion and also cannot compel the government to file a Rule 35(b) motion authorizing a reduction in the length of defendant's sentence for his assistance in investigating or prosecuting another person. Sentence is affirmed where the government's refusal to file the motion reducing his sentence unless defendant waived his right to appeal his conviction is rationally related to a legitimate government end.

Appellate Information

• Argued 01/27/2009
• Decided 03/12/2009
• Published 03/12/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Debra Riggs Bonamici (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Terence F. MacCarthy, John F. Murphy (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.