United States v. John Doe

John Doe appeals the district court’s denial of the government’s second motion pursuant to Federal Rule of Criminal Procedure 35(b) for reduction of the sentence imposed following his guilty plea to conspiracy to import cocaine in violation of 21 U.S.C. §§ 952 , 960 and 963.

The district court originally sentenced Doe to 210-months imprisonment. It later corrected the sentence to 185 months and 9 days and then granted the government’s first Rule 35(b) motion, reducing the sentence to 95 months. In the second Rule 35(b) motion, the government asserted that it had mistakenly calculated the reduction it sought in the first Rule 35(b) motion and requested a further reduction of Doe’s sentence. The district court denied the government’s second motion. We affirm.

I.

In the mid 1990s, federal law enforcement established a task force to investigate and dismantle the Roe Drug Trafficking Organization (“DTO”), a major Mexican trafficking organization that operated along the United States/Mexico border. During the course of the investigation, DEA agents received information regarding Doe’s involvement in the importation and distribution of cocaine on behalf of the DTO. Subsequently, the…