United States Ninth Circuit

District court erred in imposing sentence based on the mistaken view that the defendant's pre-sentence cooperation could be assessed later by FRCP Rule 35(b) motion. Court's refusal to characterize defendant as "minimal participant" was not erroneous.

Appellate Information

• Argued 11/05/2003
• Decided 06/09/2004
• Published 06/09/2004

Judges

• HALL, Senior Circuit Judge., Before HALL, O'SCANNLAIN, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Terri A. Law, Sherman Oaks, CA, for the defendant-appellant., Thomas P. O'Brien, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.