Is Doe's substantial assistance to the government sufficient to prevent the government from seeking a second Rule 35(b) motion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Doe, 351 F.3d 929 (9th Cir. 2003):
We now address the issue of whether the district court erred in considering factors other than Doe's substantial assistance to the government in denying the government's second Rule 35(b) motion. Whether a particular factor is a permissible basis for departure is an issue of law reviewed de novo. See United States v. Malley, 307 F.3d 1032, 1034 (9th Cir.2002).
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