Monday, November 14, 2016

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:


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