U.S. v. Webster

In Rule 35(b) motion to reduce defendant's sentence due to substantial assistance to law enforcement, Dist. Ct. did not err in only reducing defendant's sentence from 216 to 168-months incarceration instead of 120-month sentence that defendant had sought. While defendant argued that Dist. Ct. failed to consider section 3553(a) factors when making only partial reduction, Rule 35(b) hearing does not provide opportunity for full re-sentencing, and thus Dist. Ct. was not required to consider section 3553(a) factors in instant proceeding. Moreover, record showed that defendant's counsel failed to make any specific request in Dist. Ct. for 120-month sentence so as to trigger any claim that instant 168-month sentence was erroneous.