What is the effect of a denial of a motion to reduce sentence under Rule 35?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bagha, 902 F.2d 41 (9th Cir. 1990):

A district court's denial of a motion to reduce sentence under FRCrimP 35 will not be disturbed on appeal absent a clear showing that the sentencing court abused its discretion. United States v. Ruffen, 780 F.2d 1493, 1495 (CA9), cert. denied, 479 U.S. 963 (1986). The record reflects that the district court provided Bagha with ample opportunity to express his remorse at sentencing, considered counsel's plea for leniency, and allowed the appellant to amend his presentence report. Bagha's confusingly worded arguments about the judge sending him a message at sentencing and the "dangerous yellow cake" do not state anything which could be construed as reversible error. The district court did not abuse its discretion by denying the Rule 35 motion.

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)
What is the effect of a Rule 35(b) motion to reduce the sentence of convicted drug dealer John "Jock" Dickerson? (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 effect of a "chance remark" by the trial judge on a motion to reduce sentence? (MultiRegion, United States of America)
What is the effect of a denial of a motion to vacate, correct or set aside a sentence? (MultiRegion, United States of America)
In a motion to reduce the sentence of a convicted drug dealer, what factors are considered in determining the sentence? (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)
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)
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 effect of a denial of a motion to vacate or correct a sentence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.