rule-35
12 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5112 | Brian Lee Corbett v. United States | Fourth Circuit | 2025-07-15 | Denied | Response WaivedIFP | criminal-procedure district-court judicial-discretion rule-35 sentencing supervised-release | In this case, the district court held a hearing at which it revoked Corbett's term of supervised release and imposed a term of imprisonment as a resul… |
| 22-7421 | Michael Anthony McDowell, aka Red v. United States | Fourth Circuit | 2023-05-01 | Denied | Response WaivedIFP | compel criminal-procedure district-court due-process government-discretion government-refusal judicial-review rule-35 rule-35-motion standing | Whether the due process rights of Petitioner violated by the Government's refusal to file a Rule 35 motion, and the district court's refusal to compel… |
| 22-5998 | Jeffrey Wingate v. United States | Sixth Circuit | 2022-11-07 | Denied | Response WaivedRelisted (2)IFP | 18-usc-3553 bureau-of-prisons criminal-procedure due-process mitigating-evidence rule-35 rule-35-resentencing sentencing sentencing-factors | 1) Whether due process is violated when, in the event a defendant submits mitigating evidence in a rule 35 (b) resentencing that has a connection to… |
| 21-6583 | Roger Edward Picard v. United States | First Circuit | 2021-12-13 | Denied | Response WaivedIFP | appeal criminal-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge mental-health-assessment rule-35 rule-35-motion sentencing sentencing-procedure | i. Did the First Circuit err in denying a jurisdictionally sound motion filed pursuant to Fed.R.Crim.P. 35(a), where the district court simply ignored… |
| 19-1072 | Scott Rothstein v. United States | Eleventh Circuit | 2020-03-02 | Denied | Response Waived | cooperation cooperation-credit criminal-procedure due-process evidentiary-hearing government-withdrawal plea-agreement rule-35 rule-35-motion | A. Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion, where the plea agreement fails to warn the defendant of th… |
| 19-665 | John Doe v. United States | Fifth Circuit | 2019-11-25 | Denied | Response WaivedRelisted (2) | 18-usc-3553 18-usc-3553a criminal-procedure district-court district-court-discretion federal-rules-of-criminal-procedure rule-35 rule-35b sentence-reduction sentencing sentencing-factors substantial-assistance | 1. May a district court deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance … |
| 19-6709 | Adam L. Acosta v. Colorado | Colorado | 2019-11-21 | Denied | Response WaivedIFP | constitutional-provisions criminal-procedure criminal-procedure-rule-35 disclosure ineffective-assistance-of-counsel motion-for-new-trial new-trial prosecution rule-16 rule-16-disclosure rule-33 rule-33-motion-for-new-trial rule-35 | Whether the Court of Appeals misconstrued Rule 35(c)(3)(VII), Colorado Rules of Criminal Procedure, in declining to consider a claim of ineffective as… |
| 19-5861 | Louise K. Saine v. United States | Seventh Circuit | 2019-09-11 | Denied | Response WaivedIFP | appeal-denial appeals career-offender court-of-appeal crime-of-violence criminal-procedure drug-law due-process federal-case federal-classification federal-court federal-rules-of-criminal-procedure prior-convictions rehabilitation-programs rule-35 sentencing sentencing-guidelines sentencing-reform-act state-officer | When can Rule 35 be used error? Can a state case be classified as a federal case if defendant has never been convicted of prior felonies? What is th… |
| 18-9240 | Carlos Cordoba v. United States | Second Circuit | 2019-05-13 | Denied | Response WaivedRelisted (2)IFP | attorney-misconduct criminal-procedure discovery-of-new-facts due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel limitations-period rule-35 section-2255 statute-of-limitations | A one year statute of limitation exists for a federal prisoner to collaterally challenge his criminal judgment. The limitation period, however, is not… |
| 18-9124 | Garland D. Miller v. United States | Fifth Circuit | 2019-05-03 | Denied | Response WaivedIFP | coram-nobis criminal-procedure federal-courts federal-criminal-procedure illegal-sentence judicial-jurisdiction restitution rule-35 sentencing sentencing-correction statutory-interpretation title-18 | DOES JURISDICTION EXIST TO CORRECT AN ILLEGAL SENTENCE AT ANY TIME. |
| 18-8604 | Ivan Vazquez-Gonzalez v. United States | Seventh Circuit | 2019-03-28 | Denied | IFP | 28-usc-2255 appeals criminal-procedure federal-criminal-procedure habeas-corpus ineffective-assistance right-to-counsel rule-35 sentence-modification sentencing statute-of-limitations | I. May a district court's modification of sentence under Rule 35, Fed. R. Crim. P., be treated as resetting the one-year clock under 28 U.S.C. §2255(0… |
| 18-5182 | Carlton Butler v. United States | Eleventh Circuit | 2018-07-10 | Denied | IFP | circuit-split count-of-conviction criminal-procedure district-court-authority federal-rules-of-criminal-procedure illegal-sentence reallocation reallocation-of-sentences rule-35 scope-of-judicial-power sentencing split-among-circuits | Whether Federal Rule of Criminal Procedure 35(a) grants a district court authority to reallocate the illegal portion of a term of imprisonment levied … |