May a district court deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance without first deciding whether the defendant provided substantial assistance?

QUESTIONS PRESENTED FOR REVIEW 1. May a district court deny a government’s Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance without first deciding whether the defendant provided substantial assistance? we 2. After a district. court has already imposed a criminal defendant’s original sentence, may it later > deny a government’s Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence, in . ; whole or in part, based on the same 18 U.S.C. § 3553(a) sentencing factors that it used to determine ; the defendant’s original sentence? ii |