Frederick Leslie Brooks v. United States

POSNER, Circuit Judge.

The appellant, Brooks, pleaded guilty to a drug charge, pursuant to a plea agreement with the government that stated, “The government would recommend neither for nor against an executed sentence in this cause.” The government made no recommendation for sentence at the sentencing hearing, and Brooks was sentenced to 4 years in prison and fined $5,000. He later moved under Rule 35(b) of the Federal Rules of Criminal Procedure for a reduction of sentence. The government responded that Brooks’ motion “fails to recite any change in circumstances or any matter in mitigation…