Legal Opinion

United States v. Marquez

Court of Appeals for the Ninth Circuit

Decided August 25, 2006No. 05-10516PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM **

Danny P. Marquez appeals from the district court’s order denying his motion to compel the Government to bring a Fed. R.Crim.P. 35(b) motion for reduction of his sentence based on Marquez’s substantial assistance to the government.

The Government contends, as an initial matter, that we lack jurisdiction to review this appeal. However, we reject this contention. See 18 U.S.C. § 3742; see also United States v. Treleaven, 35 F.3d 458, 461 (9th Cir.1994) (holding that the government’s refusal to move for a substantial-assistance departure is reviewable if it “was based on ... a breach…

2Cases cited7 opinions

  1. In Re Cement Antitrust Litigation (Mdl No. 296). State of Arizona v. Ideal Basic Industries, State of Arizona v. United States District Court for the District of Arizona, and Kaiser Cement and Gypsum Corporation, Real Parties in Interest. State of Arizona v. Ash Grove Cement CompanyCourt of Appeals for the Ninth Circuit · 1982
  2. United States v. David LeontiCourt of Appeals for the Ninth Circuit · 2003
  3. United States v. Truong Quang QuachCourt of Appeals for the Ninth Circuit · 2002
  4. United States v. Steve R. Treleaven, and Roderick D. HierCourt of Appeals for the Ninth Circuit · 1994
  5. United States v. Marc R. ShapiroCourt of Appeals for the Ninth Circuit · 1989

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3Cited by2 opinions

  1. United States v. WashingtonCourt of Appeals for the Sixth Circuit · 2007
  2. United States v. WashingtonCourt of Appeals for the Sixth Circuit · 2007

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