United States v. Katsman, No. 16-2583 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed the district court's denial of the government's motion under Federal Rules of Criminal Procedure 35 for a reduction in sentence. The court held that the district court applied the proper two-step test in evaluating the Rule 35(b) motion. In this case, although defendant provided substantial assistance to the government, he had already received the benefit of his cooperation, he continued to engage in criminal activity while on presentence release, and he lied to the court with respect to his substantial additional criminal conduct. The court also held that the district court did not err in considering the 18 U.S.C. 3553(a) factors in step two in deciding whether to reduce defendant's sentence in light of his cooperation.