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U.S. v. DOE

No. 99-6729.

270 F.3d 413 (2001)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed November 1, 2001.

Attorney(s) appearing for the Case

Michael E. Winck, Asst. U.S. Attorney (argued and briefed), Office of the U.S. Attorney, Knoxville, TN, Gregg L. Sullivan, Asst. U.S. Attorney, Office of the U.S. Attorney, Chattanooga, TN, for Plaintiff-Appellee.

Howell G. Clements (briefed), Elizabeth H. Foss (argued), Spears, Moore, Rebman & Williams, Chattanooga, TN, for Defendant-Appellant.

Before: RYAN and BATCHELDER, Circuit Judges; LAWSON, District Judge.

Pursuant to Sixth Circuit Rule 206.

OPINION

RYAN, Circuit Judge.

The defendant, John Doe, substantially assisted the government by providing information concerning illegal drug activities, but the government delayed in filing a motion pursuant to Federal Rule of Criminal Procedure 35(b) until over two and a half years after Doe's sentencing. The district court concluded that it lacked jurisdiction...

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