U.S. v. PALOMO

No. 94-20953.

80 F.3d 138 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Edgar Rolando PALOMO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 28, 1996.


Attorney(s) appearing for the Case

Thomas J. Bevans (Court-appointed), Houston, TX, for appellant.

James L. Powers, Asst. U.S. Atty., Paula C. Offenhauser, U.S. Atty., B. Janice Ellington, Asst. U.S. Atty., Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for appellant.

Before GARWOOD, SMITH and DENNIS, Circuit Judges.


DENNIS, Circuit Judge.

This case raises the question whether a criminal defendant has a constitutional right to assistance of counsel in a proceeding for a sentence reduction under Rule 35(b) of the Federal Rules of Criminal Procedure. Because we find that the right to counsel does not attach to proceedings initiated by the Government to reduce an otherwise legal sentence, or negotiations concerning the same, we affirm the...

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