United States v. Russell Marks

KELLY, Circuit Judge.

Russell Marks appeals the district court’s denial of his motion for an evidentiary hearing on Marks’s claim that the government improperly refused to move to reduce his sentence for a previous conviction. Marks also has moved (1) for sanctions against the Assistant United States Attorney (AUSA) who prosecuted him in his criminal case, (2) for this court to take judicial notice of various documents, and (3) to recall the mandate in his direct appeal from his original conviction. We conclude that the district court 1 did not abuse its discretion in denying the motion, and…