There is a conflict among the United States Courts of Appeals regarding the proper interpretation of Federal Rue of Criminal Procedure 35(b).

The question is: w hether Rule 35(b) gives criminal defendants the right to notice and the opportunity to be heard before a district court can resolve a motion for a sentencing reduction based on cooperation with the government (as the Second, Fourth, and Sixth Circuits hold) , or whether it does not give defendants these rights (as the Fifth Circuit holds).

Whether Rule 35(b) gives criminal defendants the right to notice and opportunity to be heard before a district court resolves a motion for sentencing reduction based on government cooperation