United States v. Scott Fawcett

In 2009, Defendant Scott Fawcett pled guilty to aiding and abetting loan and credit application fraud and was sentenced to 41 months’ imprisonment. In 2011, the government filed a Federal Rule of Criminal Procedure 35(b) motion to reduce Fawcett’s sentence for providing substantial assistance. The government’s Rule 35(b) motion requested a two-level offense reduction which the government said yielded a guidelines range of 27 to 33 months. On June 30, 2011, the district court granted the motion and reduced Fawcett’s sentence to 30 months’ imprisonment.

A day later, the district court discovered…