rule-35-motion
3 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-7421 | Michael Anthony McDowell, aka Red v. United States | Fourth Circuit | 2023-05-01 | Denied | Response WaivedIFP | compel criminal-procedure district-court due-process government-discretion government-refusal judicial-review rule-35 rule-35-motion standing | Whether the due process rights of Petitioner violated by the Government's refusal to file a Rule 35 motion, and the district court's refusal to compel… |
| 21-6583 | Roger Edward Picard v. United States | First Circuit | 2021-12-13 | Denied | Response WaivedIFP | appeal criminal-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge mental-health-assessment rule-35 rule-35-motion sentencing sentencing-procedure | Did the First Circuit err in denying a jurisdictionally sound motion filed pursuant to Fed.R.Crim.P. 35(a) |
| 19-1072 | Scott Rothstein v. United States | Eleventh Circuit | 2020-03-02 | Denied | Response Waived | cooperation cooperation-credit criminal-procedure due-process evidentiary-hearing government-withdrawal plea-agreement rule-35 rule-35-motion | Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion violates the defendant's due process rights |