United States v. Claude

The Third Circuit did not do any favors for snitches when it held that a District Court may reduce a defendant’s sentence based upon substantial post-sentencing assistance only upon a Government motion. The defendant filed a motion seeking a reduction in his sentence to time served based on his having allegedly provided post-sentencing assistance in the Government’s pursuit of a drug and child pornography prosecution. The District Court concluded that because his motion centered on his purported substantial assistance to the Government, the defendant was not eligible for relief unless the Government moved for the reduction under Fed.R.Crim.P. 35(b). The Third Circuit agreed and affirmed. The decision to move for a reduction in sentence based on a defendant’s post-sentencing substantial assistance is reserved to the Government alone.

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