United States v. Rothstein, No. 18-11796 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit affirmed the district court's grant of the government's motion to withdraw a prior motion made pursuant to Federal Rule of Criminal Procedure 35 to reduce defendant's sentence based on his substantial assistance. The court held that the government did not breach the plea agreement by withdrawing its prior motion and there was nothing in the plain language of the agreement that limited the government's discretion when it came to withdrawing a motion. The court also held that an evidentiary hearing to allow defendant to present evidence that he complied with the cooperation agreement, as he requests, was unwarranted. Therefore, the district court did not abuse its discretion denying defendant's request for an evidentiary hearing.