Legal Opinion

United States v. Defeo

Court of Appeals for the Second Circuit

Decided May 7, 2009No. 08-3812-crPublishedCited by 3 opinions

1Opinion of the Court

*258Frank John DeFeo appeals from a judgment of conviction in the United States District Court for the Southern District of New York (Sweet, /.). DeFeo was sentenced principally to 860 months’ imprisonment His primary contention on appeal is that the district court improperly refused to compel the government to file a motion to modify his sentence pursuant to Federal Rule of Criminal Procedure 35(b). See United States v. DeFeo, No. 90-cr-250, 2008 WL 2557425, *3-*4 (S.D.N.Y. June 26, 2008). We agree with the district court that it was without authority to compel the government to move for such a…

2Cases cited3 opinions

  1. Wade v. United StatesSupreme Court of the United States · 1992
  2. United States v. Horace John Knights, A/K/A John Knights Aaron McAdoo Lyttleton KnightsCourt of Appeals for the Second Circuit · 1992
  3. United States v. Frank GangiCourt of Appeals for the Second Circuit · 1995

3Cited by3 opinions

  1. United States v. ScarpaCourt of Appeals for the Second Circuit · 2017
  2. Rosemond v. United StatesDistrict Court, E.D. New York · 2019
  3. United States v. ScarpaCourt of Appeals for the Second Circuit · 2017

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