United States v. Ortiz-Negron

OPINION AND ORDER

CEREZO, District Judge.

Movant was convicted on various counts which dealt with the theft of three containers of pharmaceutical products entrusted by a drug manufacturer to Eastern Airlines.1 He was sentenced to serve a term of imprisonment of ten (10) years. After his conviction was affirmed by the First Circuit Court of Appeals (Opinion of May 27, 1987, docket entry 333), defendant moved for a reduction of sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure.

Rule 35 motions are addressed to the discretion of the sentencing court. It has been held that the…