U.S. v. WILLIAMS, 2:12-CV-420 JCM (PAL). (2014)
Court: District Court, D. Nevada
Number: infdco20140701b13
Filed: Jun. 30, 2014
Latest Update: Jun. 30, 2014
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is the government's sealed motion to reduce defendant's sentence pursuant to Federal Rule of Criminal Procedure 35(b)(1). (Doc. # 40). Defendant Bryan Dell Williams has not filed a response. Federal Rule of Criminal Procedure 35(b)(1) provides that "[u]pon the government's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial assistance in investigatin
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is the government's sealed motion to reduce defendant's sentence pursuant to Federal Rule of Criminal Procedure 35(b)(1). (Doc. # 40). Defendant Bryan Dell Williams has not filed a response. Federal Rule of Criminal Procedure 35(b)(1) provides that "[u]pon the government's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial assistance in investigating..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is the government's sealed motion to reduce defendant's sentence pursuant to Federal Rule of Criminal Procedure 35(b)(1). (Doc. # 40). Defendant Bryan Dell Williams has not filed a response.
Federal Rule of Criminal Procedure 35(b)(1) provides that "[u]pon the government's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person." Defendant Williams was sentenced on September 9, 2013, less than one year ago. (Doc. # 32). Upon consideration of the government's representations regarding defendant Williams' substantial assistance, the court finds good cause to reduce defendant Williams' sentence to thirty months. Such a reduction represents the difference between the high end and the low end of the guideline range applied by the court.
Federal Rule of Criminal Procedure 43(b)(4) states that a defendant's presence is not required for the court to reduce a sentence pursuant to rule 35.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the government's sealed motion to reduce sentence (doc. # 40) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that the court's judgment (doc. # 36) be amended to reflect a thirty (30) month custodial sentence.
Source: Leagle
