District court’s reduction of defendant’s sentence from 295 months to 115 months is reversed and remanded where the Federal Criminal Rule 35(b)(2) does not authorize the district judge to reduce the sentence on the basis of the 18 U.S.C. section 3533(a) factors that he would consider in initial sentencing.
Read US v. Shelby, No. 08-2729
Appeals from the United States District Court for the Northern District of Illinois, Eastern Division
Argued September 17, 2009Decided October 19, 2009
Judges
Before: Posner, Manion, and Evans, Circuit Judges
Opinion by Posner, Circuit Judge
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