In Re United States of America

On August 22, 1989, the district court granted defendant Kramer Doss Robertson’s Rule 35(b) motion to reduce his sentence. 1 The United States of America, petitioner, requests this court to issue a writ of mandamus to the district court, directing it to vacate that order and reinstate Robertson’s original sentence. We deny the petitioner’s request.

Robertson was indicted on five counts of bank robbery in violation of 18 U.S.C. § 2113(a) (1988), and on March 12, 1987, he pled guilty to all five counts. At sentencing on April 13, 1987, however, the court noted that each count related to a…