United States Ninth Circuit

In an appeal of the District Court's grant of a motion under Federal Rule of Criminal Procedure 35(b) for a sentence reduction on the basis of substantial post-sentencing assistance to the government, the grant is affirmed where the District Court did not err by failing to rule on controverted factual issues in accord with Rule 32(i)(3) because: 1) Rule 35 does not incorporate Rule 32's requirement that the court make findings on disputed or controverted matters; and 2) Rule 32 pertains to sentencing, and a Rule 35(b) proceeding is not the equivalent of a de novo sentencing.

Appellate Information

• Published 2016/08/09

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel