Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion violates the defendant's due process rights

QUESTIONS PRESENTED A. Whether the Government’s right to withdraw a previously earned and filed Rule 35 Motion, where the plea agreement fails to warn the defendant of the Government’s right to withdraw, violates the defendant’s due process rights. B. Whether denying the defendant the right to an evidentiary hearing on the breach allegation after the defendant has already provided substantial cooperation, violates the defendant’s due process rights. li II. RELATED CASES ¢ United States v. Scott W. Rothstein, No. 0:09-cr60331-JIC, U.S. District Court for the Southern District of Florida. Judgment entered June 9, 2010. Order granting Government’s Motion to Withdraw Rule 35 Motion entered April 16, 2018. ¢ United States v. Scott Rothstein, No. 18-11796, U.S. Court of Appeals for the Eleventh Circuit. Judgment entered September 30, 2019. iii III.