U.S. v. OROZCO

No. 97-8213.

160 F.3d 1309 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Alain OROZCO, a.k.a. Allan Jene Velasquez, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 17, 1998.


Attorney(s) appearing for the Case

Howard J. Manchel, Atlanta, GA, for Defendant-Appellant.

Kent Alexander, U.S. Atty., James T. Martin, Asst. U.S. Atty., Atlanta, GA, for Plaintiff-Appellee.

Before BIRCH, Circuit Judge, and HILL and KRAVITCH, Senior Circuit Judges.


BIRCH, Circuit Judge:

This case presents the issue of whether a district judge has jurisdiction under Federal Rule of Criminal Procedure 35(b) to grant a motion for reduction of sentence when information provided by a defendant is useful in convicting a coconspirator, but the assistance occurs more than one year after imposition of sentence and the information was known by the defendant prior to sentencing. The district judge determined that he was without jurisdiction...

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