United States v. John Doe

How later courts described this case

• holding that “a Government motion is required to trigger the current Rule 35(b)”
• in this case the court determined that because the defendant's "crimes were committed before November 1, 1987, he fits within a window where both versions of the rule apply. The new rule applies because it is retroactive. The old rule applies because his crimes were committed before the effective date of the new rule."
• "Throughout our opinion, we cite precedent construing Rule 35(b), § 3553(e), and Federal Sentencing Guidelines § 5K1.1 (permitting a district court to depart from the Sentencing Guidelines for substantial assistance
• noting that cases construing 35(b), § 3553(e) and § 5K1.1 can be used "interchangeably”

Written by the judges who cited it.