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En banc Sixth Circuit struggles through relationship between 35(b) and 3553(a)

By Douglas A. Berman

The full Sixth Circuit has a lot of interesting things to say about sentencing procedure and practice in a lot of opinions today in US v. Grant, No. 07-3831 (6th Cir. Jan. 11, 2011) (available here). Here is how the opinion for the majority gets started: Defendant?appellant Kevin Grant pled guilty to possession of a firearm, conspiracy to commit money laundering, and operation of a continuing criminal enterprise. The district court sentenced Grant to twenty-five years in prison, the mandatory minimum sentence for those charges.  After Grant?s sentence was affirmed by a panel of this court, the government filed a motion pursuant to Federal Rule of Criminal Procedure 35(b) to reduce his sentence based on his substantial assistance in the prosecution of others...continue to full post

Full post as published by Sentencing Law and Policy on January 11, 2011 (boomark / email).