U.S. v. TADIO

No. 10-10144.

663 F.3d 1042 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis TADIO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2011.


Attorney(s) appearing for the Case

Harlan Yoshito Kimura , Honolulu, HI, for the appellant.

Thomas J. Brady , Office of the United States Attorney, Honolulu, HI, for the appellee.

Before: A. WALLACE TASHIMA, WILLIAM A. FLETCHER, and MARSHA S. BERZON, Circuit Judges.


OPINION

W. FLETCHER, Circuit Judge:

Federal Rule of Criminal Procedure 35(b) authorizes a district court, on the government's motion, to reduce a defendant's sentence "if the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person." The question in this case is whether a district court may consider factors other than a defendant's substantial assistance in determining the amount of a Rule 35(b) sentence...

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