Can a motion to reduce a sentence under former Rule 35(b) be denied?

MultiRegion, United States of America

The following excerpt is from U.S. v. Harris, 928 F.2d 409 (9th Cir. 1991):

This court will not disturb a district court's denial of a motion to reduce a sentence under former Rule 35(b) absent a "clear abuse of discretion." United States v. Ruffen, 780 F.2d 1493, 1495 (9th Cir.) (affirming district court's refusal to reconsider its restitution order), cert. denied, 479 U.S. 963 (1986).

Other Questions


Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
What is the test for denying a motion to overturn an order of the Court of Appeal denying the motion? (MultiRegion, United States of America)
What is the test for "buse of discretion" in the context of a motion for reduced sentence under Section 3582(c)(2)(B) of the Criminal Code? (MultiRegion, United States of America)
What are the findings of a motion for a motion to reduce the maximum sentence for a defendant who has pleaded guilty to a charge of conspiracy to pervert the course of justice? (MultiRegion, United States of America)
What is the test for a motion to reduce a sentence under Rule 35(b)? (MultiRegion, United States of America)
How have the courts dealt with a motion denying a motion to vacate a sentence and remand the case for resentencing? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Is a defendant's Rule 35(b) motion for modification of his sentence due to infirmity denied? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.