U.S. v. BAKER

No. 13-1042.

769 F.3d 1196 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Frederick H.K. BAKER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 28, 2014.


Attorney(s) appearing for the Case

Warren R. Williamson , Federal Public Defender and Jill M. Wichlens , Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant Frederick H.K. Baker.

John F. Walsh , United States Attorney and Robert Mark Russel , Assistant United States Attorney, Denver, CO, for Plaintiff-Appellee United States of America.

Before KELLY, EBEL, and PHILLIPS, Circuit Judges.


EBEL, Circuit Judge.

Rule 35(b), Fed.R.Crim.P., authorizes the district court, upon the Government's motion, to reduce a previously imposed sentence if the defendant, after sentencing, provided substantial assistance to the Government in investigating or prosecuting another person. Generally the Government must file a motion for a sentence reduction within the year following sentencing. But Rule 35(b)(2)(B) permits the Government...

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