United States v. William Hetrick, United States of America v. United States District Court, District of Arizona, and William Hetrick, Real Party in Interest

644 F.2d 752 UNITED STATES of America, Plaintiff-Appellant, v. William HETRICK, Defendant-Appellee. UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA, Respondent, and William Hetrick, Real Party in Interest. Nos. 80-1171, 80-7192. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 2, 1980. Decided Sept. 16, 1980. As Amended March 16, 1981. Michael D. Hawkins, Phoenix, Ariz., for plaintiff-appellant. Dennis J. Skarecky, Phoenix, Ariz., for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before GOODWIN and PREGERSON, Circuit Judges, and SCHWARZER, * District Judge. PREGERSON, Circuit Judge: 1 The government appeals, and alternatively seeks mandamus, to obtain review of the district court's order reducing, pursuant to Fed.R.Crim.P. 35, appellee's sentence of imprisonment from five to three years. We conclude that the government may appeal the district court's order under 18 U.S.C. § 3731 ; accordingly, mandamus is unavailable. We further conclude that Rule 35 does not empower the district court to enter the challenged order; therefore, we reverse. 1 2 After a jury trial…