Archive | Rule 35(a)

Thursday, November 17th, 2022

Defendants may not use a purported motion to correct a sentence under Rule 35 to circumvent an appeal waiver.

The Circuit held today, in United States v. Rakhmatov, No. 21-151(L) (2d Cir. Nov. 17, 2022), that “when a challenge to a prison sentence purportedly under [Fed. R. Crim. P.] 35(a) does not fall within the narrow scope of Rule 35(a), an appeal waiver can bar consideration of the motion.”

Rakhmatov pleaded guilty to conspiracy to provide material support to a terrorist group. His plea agreement said he would not appeal or “otherwise challenge” any prison sentence of 150 months or less.

Three days after being sentenced to 150 months, Rakhmatov moved to correct the sentence, citing Rule 35(a).  The motion argued that the district court “failed to properly apply the sentencing factors,” producing a sentence that was “unreasonable” and “greater than necessary.”  The district court denied the motion, holding that it was not a proper Rule 35(a) motion and, in any event, was barred by the appeal waiver. …

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Categories: appeal waiver, Rule 35(a)

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Categories: appeal waiver, Rule 35(a)

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