US v. Finazzo, No. 15-10272 (11-10-16)(Wallace w/Farris & Watford).
In a sentence reduction case, based on a lowered guideline range, the 9th affirmed a denial of a below guidelines sentence because the government had no moved, at the original sentencing, for a cooperation reduction based on 5K1.1. At the original sentencing, the government had assented to a variance but specifically said it was not for a 5K1.1. Nonetheless, the court noted that it imposed a lowered sentence based on the defendant's "early and extensive" cooperation. The 9th held that the guidelines and commentary required the government to have filed or made a motion. An acquiescence does not a 5K1.1 motion make.
The decision is here:
US v. McCandless, No. 16-15411 (11-10-16)(per curiam with Wallace, Farris and Watford).Affirming the denial of a bail request on a 2255 as the petitioner cannot demonstrate clear error.
The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2016/11/10/16-15411.pdf