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US v. Shelby, No. 08-2729

By FindLaw Staff on October 19, 2009 4:23 PM

District court's reduction of defendant's sentence from 295 months to 115 months is reversed and remanded where the Federal Criminal Rule 35(b)(2) does not authorize the district judge to reduce the sentence on the basis of the 18 U.S.C. section 3533(a) factors that he would consider in initial sentencing.   

Read US v. Shelby, No. 08-2729

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued September 17, 2009
Decided October 19, 2009


Before:  Posner, Manion, and Evans, Circuit Judges

Opinion by Posner, Circuit Judge

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