Legal Opinion
United States v. Shelby
Court of Appeals for the Seventh Circuit
Decided October 19, 2009No. 08-2729PublishedCited by 11 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Rule 35(b)(2) of the federal criminal rules authorizes the district court, “upon the government’s motion made more than one year after sentencing,” to “reduce a sentence if the defendant’s substantial assistance” falls into specified categories. The only question we are asked to decide is whether the rule allows the district judge to reduce the sentence on the basis of the factors that he would consider in initial sentencing under the Booker regime — namely the factors listed in 18 U.S.C. § 3553(a).
In 1996 Judge Kocoras sentenced the defendant to 295 months in prison for…
2Cases cited24 opinions
- United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
- Marlon McReynolds Jamie L. Thomas, and David Bennett v. United StatesCourt of Appeals for the Seventh Circuit · 2005
- Melendez v. United StatesSupreme Court of the United States · 1996
- United States v. FormanCourt of Appeals for the Seventh Circuit · 2009
- United States v. CunninghamCourt of Appeals for the Seventh Circuit · 2009
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. ClawsonCourt of Appeals for the Fourth Circuit · 2011
- United States v. GrantCourt of Appeals for the Sixth Circuit · 2011
- United States v. TadioCourt of Appeals for the Ninth Circuit · 2011
- United States v. Roa-MedinaCourt of Appeals for the First Circuit · 2010
- United States v. Anthony Lightfoot, Jr.Court of Appeals for the Fifth Circuit · 2013
6 more not listed; retrieve them via the Exa API.