United States v. Okwudiri R. Arishi, AKA Remy Arishi, R. Arisi

Good Law
54 F.3d 596·95 Daily Journal DAR 5713·1995 WL 257115·1995 U.S. App. LEXIS 9974·95 Cal. Daily Op. Serv. 3289
United States Court of Appeals for the Ninth CircuitMay 4, 199594-50088California1,114 words

Opinion

Opinion

Leavy, J.

Okwudiri Arishi appeals the district court’s ruling on the government’s Fed. R.Crim.P. 35(b) motion for reduction of sentence, arguing that the district court abused its discretion by failing to provide an evidentiary hearing. The government argues that we lack jurisdiction, since Arishi’s appeal does not fall within 18 U.S.C. § 3742 .

FACTS AND PRIOR PROCEEDINGS

On February 26, 1991, Arishi was convicted on five counts related to heroin trafficking. On June 6, 1991, Arishi was sentenced to a prison term of 189 months. We affirmed the district court’s judgment in an unpublished opinion. United States v. Arishi, 988 F.2d 122 (9th Cir.1993).

On August 10,1993, the government filed a Rule 35(b) motion for reduction of Arishi’s sentence, based on his substantial assistance to the government in another criminal prosecution. The government recommended a one-level reduction, which would reduce Ari-shi’s sentence by twenty months. Arishi requested a hearing on the Rule 35(b) motion. The district court denied his request. After hearing telephonic arguments from the attorneys, the district court reduced Arishi’s sentence by thirty months instead of the twenty months requested by the…

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