United States v. Snooks

MEMORANDUM OPINION AND ORDERS FURTHER DEFERRING RULING ON DEFENDANT’S RULE 35 MOTION

JOHN W. OLIVER, Chief Judge.

I

On February 22, 1980, for reasons fully stated in a memorandum filed that day, we deferred ruling defendant’s timely filed Rule 35 motion pending further development of the relevant and material factual circumstances. Although defendant’s motion is still not yet in proper posture for final determination, it is appropriate that we presently rule one question of law which the government belatedly raised on July 3, 1980 in a supplemental response filed in regard to this Court’s…