U.S. v. SHELBY

No. 08-2729.

584 F.3d 743 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Gregory SHELBY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 19, 2009.


Attorney(s) appearing for the Case

Edmond E-Min Chang, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.

Jonathan E. Hawley, Chief Assistant Federal Public Defender, Richard H. Parsons, Attorney, Office of the Federal Public Defender, Peoria, IL, Daniel T. Hansmeier, Attorney (argued), Office of the Federal Public Defender, Springfield, IL, for Defendant-Appellee.

Before POSNER, MANION, and EVANS, Circuit Judges.


POSNER, Circuit Judge.

Rule 35(b)(2) of the federal criminal rules authorizes the district court, "upon the government's motion made more than one year after sentencing," to "reduce a sentence if the's substantial assistance" falls into specified categories. The only question we are asked to decide is whether the rule allows the district judge to reduce the sentence on the basis of the factors that he would consider in initial sentencing under the Booker regime...

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