United States v. Frank Gangi
Court of Appeals for the Second Circuit
1Opinion of the Court
FEINBERG, Circuit Judge:
Frank Gangi appeals from a January 1994 order of the United States District Court for the Eastern District of New York, Reena Raggi, J., denying the motion of the United States under Fed.R.Crim.P. 35(b) for reduction of Gangi’s sentence in light of post-sentencing cooperation. The question on appeal is whether a district court may deny a Rule 35(b) motion without affording the defendant an opportunity to be heard. We hold that it may not, for reasons given below. We vacate the judgment of the district court and remand with instructions to give Gangi an opportunity to…
2Cases cited10 opinions
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- United States v. McAndrewsCourt of Appeals for the First Circuit · 1993
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- United States v. John DoeCourt of Appeals for the Seventh Circuit · 1991
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