U.S. v. Obeid

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 12-1254
Decision Date: 
February 22, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in denying defendant’s motion to compel govt. to seek additional reduction of defendant’s sentence under Rule 35(b) based on cooperation that defendant’s twin brother gave to authorities. Defendant cannot use Rule 35(b) to force govt. to seek reduction in his sentence, and although defendant could file habeas petition seeking similar relief, any habeas petition would be untimely as defendant filed instant motion beyond applicable one-year limitation period for habeas petitions. Moreover, timely petition would not have provided defendant with any relief where defendant’s plea agreement did not address any post-sentencing reduction of sentence.