Tuesday, August 09, 2016

US v. Doe, No. 14-10147 (8-9-16).  Fed R Crim P 35(b) allows a sentence reduction.  Rule 32(i)(3) requires the court, in a regular sentencing, to rule on all controverted issues.  So, in considering the Rule 35 motion, does a court have to rule on controverted issues?  It didn't in this case, now on appeal, where different versions of facts were at issue.  The 9th holds that Rule 32 does not apply to Rule 35.  Rule 35 does not incorporate Rule 32's requirement that the court make findings on disputed or controverted matters. Rule 35 is not a new sentencing, but modifies an existing one.  The text of the rules are distinct.

The decision is here:



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