Issue: Whether, when considering how much to reduce a defendant’s sentence for substantial assistance pursuant to Federal Rule of Criminal Procedure 35(b), a court (i) cannot consider the sentencing factors set forth in 18 U.S.C. § 3553(a), as held by the Sixth Circuit; (ii) may consider those factors only to the extent that they yield a smaller sentence reduction than the defendant’s assistance alone would warrant, as held by the Seventh, Eighth, Tenth, and Eleventh Circuits; or (iii) may consider those factors to grant either a smaller or a larger sentence reduction, as held by the Fourth and Ninth Circuits.
On Monday the Court issued orders from its December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday the Court issued one opinion and one dismissal. On Wednesday, the Court issued an additional opinion. This is the second week of the December sitting; the hearing list for this sitting is here.