U.S. v. McNEESE

No. 08-10093 Non-Argument Calendar.

547 F.3d 1307 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Robert McNEESE, a.k.a. Bobby, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 3, 2008.


Attorney(s) appearing for the Case

Mark C. Meyer (Court-Appointed), Kinnamon, Russo, Meyer & Keegan, Cedar Rapids, IA, for McNeese.

Linda Julin McNamara, Tampa, FL, for U.S.

Before BIRCH, PRYOR and FAY, Circuit Judges.


PER CURIAM:

Robert McNeese appeals the district court's grant of the government's motion to reduce McNeese's sentence as to a specific count of his multi-count judgment, pursuant to Fed.R.Crim.P. 35(b). McNeese argues that the government did not have the authority to limit the Rule 35(b) motion to one count and the district court retained authority to reduce the sentence as to both counts of conviction. For the reasons set forth below, we affirm.

I.

...

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