United States v. Marks, No. 13-3655 (8th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to conspiracy to distribute cocaine and to launder money. On appeal, defendant challenged the district court's denial of his evidentiary hearing, claiming that the government improperly refused to move to reduce his sentence for a previous conviction. The court affirmed the judgment, concluding that the district court did not abuse its discretion in denying the motion where defendant failed to make a substantial threshold showing that the government acted in bad faith by refusing to move for a sentence reduction under Rule 35(b). The court also denied defendant's motion for sanctions against the Assistant United States Attorney where defendant failed to establish that she displayed conduct unbecoming a member of the bar, and to recall the mandate. The court granted defendant's motion for judicial notice of the documents at issue.
Court Description: Criminal case - Criminal law. The district court did not abuse its discretion in denying Marks's motion for an evidentiary hearing on his claim that the government improperly refused to move to reduce his sentence for a previous conviction as he failed to make the necessary threshold showing of bad faith or improper motive.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.