United States v. John Doe

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-10147 Plaintiff-Appellee, D.C. No. v. 3:95-cr-00319- MMC-

JOHN DOE,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Northern District of California Maxine Chesney, District Judge, Presiding

Submitted March 15, 2016* San Francisco, California

Filed August 9, 2016

Before: M. Margaret McKeown, Kim McLane Wardlaw, and Richard C. Tallman, Circuit Judges.

Opinion by Judge McKeown

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). SUMMARY**

Criminal Law

The panel held that in granting a motion under Federal Rule of Criminal Procedure 35(b) for a sentence reduction on the basis of substantial post-sentencing assistance to the government, the district court did not err by failing to rule on controverted factual issues in accord with Rule 32(i)(3).

The panel held that Rule 35 does not incorporate Rule 32’s requirement that the court make findings on disputed or controverted matters. Rule…