Petition of the day
The petition of the day is:
Issue: Whether, when considering how much to reduce a defendant’s sentence for substantial assistance pursuant to Federal Rule of Criminal Procedure 35(b), a court (i) cannot consider the sentencing factors set forth in 18 U.S.C. § 3553(a), as held by the Sixth Circuit; (ii) may consider those factors only to the extent that they yield a smaller sentence reduction than the defendant’s assistance alone would warrant, as held by the Seventh, Eighth, Tenth, and Eleventh Circuits; or (iii) may consider those factors to grant either a smaller or a larger sentence reduction, as held by the Fourth and Ninth Circuits.
Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Mar. 8, 2013, 8:59 PM), http://www.scotusblog.com/2013/03/petition-of-the-day-414/