Andrew J. Johnston v. United States
1. Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from "an otherwise final sentence" subject to the limited scope of review under 18 U.S.C. § 3742(a).
2. Whether a district court deciding a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction may deny the government's requested reduction by relying on sentencing factors under 18 U.S.C. § 3553(a) that are unrelated to the value of the substantial assistance provided.
Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from an 'otherwise final sentence' subject to the limited scope of review under 18 U.S.C. §3742(a)