United States v. McDowell Contractors, Inc.

This case presents broad questions concerning the interplay between Rules 11 and 35 of the Federal Rules of Criminal Procedure. The narrower issue raised on appeal is whether the district court exceeded its statutory authority under Rule 35 by modifying a sentence agreed to by the parties under Rule 11. The trial court accepted the parties’ plea bargain and sentenced the defendant corporation in accordance with the agreement, but also invited the defendant to file a Rule 35(b) petition for reduction of sentence, which was granted.

The relevant facts are that McDowell Contractors, Inc., pleaded…