October 06th, 2017

​United States v. McMahan

Docket: 16-10255
Opinion Date: October 5, 2017
Judge: Edward C. Prado
Areas of Law: Criminal Law

Federal Rule of Criminal Procedure 35(b) has no notice and hearing requirement. In this case, the Fifth Circuit affirmed the district court's denial of the Government's Rule 35(b) motion for reduction of defendant's sentence and rejected defendant's contention that he was entitled to notice and an opportunity to be heard in his Rule 35(b) proceeding prior to the district court's order. The court declined to apply the reasoning in United States v. Gangi, 45 F.3d 28 (2d Cir. 1995), and concluded that the district court did not err by ruling on the Rule 35(b) motion before defendant responded.