Andrew J. Johnston v. United States
Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from an 'otherwise final sentence' subject to the limited scope of review under 18 U.S.C. §3742(a)
are: 1.Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure35(b) motion for sentence reduction is an appealfrom “an otherwise final sentence” subject to the limited scope of review under 18 U.S.C. §3742(a). 2.Whether a district court deciding a Federal Ruleof Criminal Procedure 35(b) motion for sentencereduction may deny the government’s requested reduction by relying on sentencing factors under 18 U.S.C. § 3553(a) that are unrelated to the value of the substantial assistance provided.