United States v. McNeese

Robert McNeese appeals the district court’s grant of the government’s motion to reduce McNeese’s sentence as to a specific count of his multi-count judgment, pursuant to Fed.R.Crim.P. 35(b). McNeese argues that the government did not have the authority to limit the Rule 35(b) motion to one count and the district court retained authority to reduce the sentence as to both counts of conviction. For the reasons set forth below, we affirm.

I

A federal grand jury returned a four-count indictment naming three codefen-dants and charging McNeese with (1) conspiracy to import heroin, in violation of 21…