United States v. Tadio, No. 10-10144 (9th Cir. 2011)
Annotate this CaseDefendant pled guilty to one count of witness intimidation and subsequently assisted the government in prosecuting several of his former criminal associates. At issue was whether the district court could consider factors other than a defendant's substantial assistance in determining the amount of a Federal Rule of Criminal Procedure 35(b) sentence reduction. The court held that once a district court determined that a defendant had provided substantial assistance to the government, the court could consider factors other than assistance, including those listed in 18 U.S.C. 3553(a), in order to ensure that the sentence ultimately imposed accorded with the purposes of sentencing that Congress had articulated. Because the district court applied the correct legal standard in this case, the court affirmed its consideration of non-assistance factors and dismissed defendant's challenge to the length of the sentence reduction.
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