Tadio

United States v. Tadio

Good Law
663 F.3d 1042·2011 WL 5839660·2011 U.S. App. LEXIS 23243
United States Court of Appeals for the Ninth CircuitNovember 21, 201110-10144California6,879 words

Opinion

Opinion

Fletcher, J.

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 reduction. We hold that once a district court determines that a defendant has provided substantial assistance to the government, the court may consider factors other than assistance, including those listed in 18 U.S.C. § 3553 (a), in order to ensure that the sentence ultimately imposed accords with the purposes of sentencing that Congress has articulated. See § 3553(a)(2). The sentence imposed must be related to the degree of assistance rendered, but a district court may consider non-assistance factors in awarding a reduction, whether that reduction is greater than, less than, or equal to the reduction that a defendant’s assistance, considered alone, would warrant.

Here, after considering federal prisoner Dennis Tadio’s offense conduct and criminal…

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