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965 F.2d 604

Docket No. 92-1301.

Goff v. United States

Eighth Circuit Court of Appeals

Submitted May 11, 1992.

Decided May 26, 1992.

Eighth Circuit Court of Appeals · decided 1992-05-26

Cited by 6 later decisions — most recently December 2005

4 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“The court, on motion of the Government made within one year after the imposition of the sentence, may reduce a sentence to reflect a defendant's subsequent, substantial assistance in the investigation or prosecution of another person who has committed an offense....”

quoted by 1 later decision, including United States v. Griffin

Applies 18 U.S.C. § 924

Relies on Calder v. Job · United States v. Richardson · 734 F. Supp. 877 - United States v. Emanuel

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1992-05-26

View the full empirical analysis of this case →

¶1*605Appellant appeared pro se in this appeal.

¶2Terry L. Derden, Little Rock, Ark. (Charles A. Banks and Terry L. Derden, on the brief), for appellee.

¶3Before JOHN R. GIBSON, FAGG, and HANSEN, Circuit Judges.

¶4PER CURIAM.

¶5Ferlin Goff appeals from an order of the district court1 denying a motion filed by the government under Federal Rule of Criminal Procedure 35(b) to reduce Goffs sentence. We affirm.

¶6Goff previously pleaded guilty to a drug charge and a firearm charge. The court calculated a Guideline sentencing range on the drug offense of 70 to 87 months; the firearm offense carried a mandatory consecutive five-year sentence. See 18 U.S.C. § 924(c)(1). At sentencing in March 1991, the government moved for a downward departure based on Goffs substantial assistance, which the district court granted, sentencing Goff to fifty-seven months imprisonment on the drug offense and four years imprisonment on the firearm offense. Goff did not appeal his sentence. In January 1992, the government moved for a further reduction of Goffs sentence under Rule 35(b), because after sentencing, Goff had appeared before the grand jury to testify in another investigation. The government also reminded the court of a detailed statement Goff had given which was useful. The district court denied the government’s motion, stating that when it granted the downward departure in March 1991, it anticipated Goff would continue to cooperate and had rewarded him accordingly.

¶7Rule 35(b) states in part:

The court, on motion of the Government made within one year after the imposition of the sentence, may reduce a sentence to reflect a defendant’s subsequent, substantial assistance in the investigation or prosecution of another person who has committed an offense....

¶8Fed.R.Crim.P. 35(b) (emphasis added). It lies within the discretion of the district court to decide whether it will grant or deny such a motion. See, e.g., United States v. Richardson, 939 F.2d 135, 140 (4th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 599, 116 L.Ed.2d 623 (1991), — U.S. -, 112 S.Ct. 942, 117 L.Ed.2d 112 (1992); United States v. Emanuel, 734 F.Supp. 877, 878 (S.D.Iowa). We have reviewed the record and find no abuse of discretion here.

¶9Goff also argues the district court and the government breached the plea agreement at sentencing. Those matters are not properly before us.

¶10Accordingly, we affirm.

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