United States v. Edward Lezcano

Edward Lezcano appeals the district court’s denial of his motion to compel the government to file a Federal Rule of Criminal Procedure 35(b) motion for a sentence reduction based on his substantial assistance. On appeal, Lezcano argues that the government refused to file the Rule 35(b) motion on his behalf because he exercised his constitutional right to a jury trial. Additionally, Lezcano asserts that the district court should have granted a writ of mandamus pursuant to 28 U.S.C. § 1361 because he had a clear right to a Rule 35(b) motion, the government had a clear duty to act, and there was…