United States v. Steven W. Arnett

Pursuant to a plea agreement, Steven W. Arnett pleaded guilty to one count of an indictment charging several illegal acts involving methamphetamine. He appeals from a three-year sentence.

The government had promised that it would dismiss the remaining counts, and would “take no position as to the appropriate sentence.” At the sentencing hearing on the count to which Arnett pled guilty, the government did not oppose Arnett’s argument for probation rather than a prison term. Nevertheless, the judge sentenced Arnett to incarceration.

Two days after sentencing, Arnett moved under Fed.R.Crim.P. 35 for a reduction of sentence. His written motion advanced the same arguments that he had urged upon the court during the sentencing hearing. This time, the government did not stand mute.

In a written response to the Rule 35 motion, the government “vigorously oppose[d] any modification” of the original sentence. The government argued that (a) Arnett had presented no new arguments or information bearing on his sentence, (b) no other circumstances regarding the sentence had changed, and (c) the original sentence could be “characterized as generous”, because the investigations by the government…