Legal Opinion

United States v. Cardenas

Court of Appeals for the Second Circuit

Decided December 9, 2008No. 06-5601-crPublished

1Opinion of the Court

SUMMARY ORDER

Defendant-Appellant Fermín Cardenas appeals from a final order issued on October 16, 2006, by the United States District Court for the Southern District of New York (Wood, CJ.), denying his motion to compel the Government to move for a reduction of his sentence pursuant to Federal Rule of Criminal Procedure 35(b) and his request for an evidentiary hearing on the motion. Cardenas premised his motion on a claim that, after his sentence was imposed, he entered into a verbal cooperation agreement with the government. Cardenas asserted that he performed under that agreement, but the…

2Cases cited13 opinions

  1. MacHibroda v. United StatesSupreme Court of the United States · 1962
  2. Wade v. United StatesSupreme Court of the United States · 1992
  3. United States of America, Appellee-Cross-Appellant v. Jose Gonzalez, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
  4. United States v. Andrea Aiello A/K/A Antonio Aiello, Francesca Bartolotta and Lorenzo ScadutoCourt of Appeals for the Second Circuit · 1987
  5. United States v. Horace John Knights, A/K/A John Knights Aaron McAdoo Lyttleton KnightsCourt of Appeals for the Second Circuit · 1992

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