United States v. Monus

OPINION

ALAN E. NORRIS, Circuit Judge.

Defendant Michael Monus appeals from a district court order denying his motion for a reduction of sentence “as if’ under Fed.R.Crim.P. 35(b). Because defendant failed to make the requisite showing that an unconstitutional motive influenced the government’s decision not to move for a downward departure based upon Rule 35(b), we affirm the judgment of the district court.

*512The facts giving rise to the underlying prosecution have already been recited at some length by this court, see United States v. Monus, 128 F.3d 376, 381 (6th Cir.1997), and we will not…