United States v. Poland

AMENDED DECISION AND ORDER ON GOVERNMENT’S MOTION FOR SENTENCE REDUCTION 1

D. BROCK HORNBY, District Judge.

Pre-Booker cases consistently held that in granting a prosecutor’s motion to reduce a prison sentence on account of the offender’s substantial assistance to the government after sentencing, the federal sentencing judge could not enlarge the reduction for factors unrelated to the assistance. All those cases, however, applied a Federal Rule of Criminal Procedure-Rule 35(b) — that explicitly required the reduction to “reflect” the substantial assistance or to be in “accord” with Sentencing…