United States v. Aaron McMahan

EDWARD C. PRADO, Circuit Judge:

Aaron McMahan appeals the district court’s denial of the Government’s Federal Rule of Criminal Procedure 35(b) motion for reduction of his sentence. McMahan contends that he was entitled to notice and an opportunity to be heard in his Rule 35(b) proceeding prior to the district court’s order. This is an issue of first impression in this Court. Because we hold that Rule 35(b) has no notice and hearing requirement, we AFFIRM the district court’s order.

I. BACKGROUND

On May 30, 2014, McMahan pleaded guilty to conspiracy to possess with intent to distribute a…