U.S. v. DOE

No. 89-3071.

940 F.2d 199 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 1991.


Attorney(s) appearing for the Case

Scott D. Levine, Asst. U.S. Atty., Criminal Div., Chicago, Ill., for plaintiff-appellee.

Jack M. Denaro, Miami, Fla., for defendant-appellant.

Before CUDAHY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


ESCHBACH, Senior Circuit Judge.

In this criminal appeal, we must decide under what circumstances, if any, the United States is required to file a motion for correction of sentence under FED.R.CRIM.P. 35(b) ("Rule 35(b)" and "Rule"). In May 1988, John Doe ("Doe")1 was convicted in the Northern District of Illinois of two counts of possession with intent to distribute cocaine and one count of conspiracy to distribute cocaine, see...

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