United States Ninth Circuit

In denying a FRCP 35(b) motion, a district court does not abuse its discretion by considering relevant factors other than the defendant's substantial assistance to the government. Consideration of such factors is proper under 18 U.S.C. sections 3553 and 3582.

Appellate Information

• Decided 12/09/2003
• Published 12/09/2003

Judges

• MAHAN, District Judge., Before:  FISHER and BYBEE, Circuit Judges, and MAHAN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Frank J. Ragen, San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Laura E. Duffy, Assistant U.S. Attorney, San Diego, CA, for the plaintiff-appellee.