Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

US v. Montalvo, No. 07-16762

By FindLaw Staff on September 16, 2009 4:44 PM

In a drug prosecution, denial of defendant's motion to correct his sentence pursuant to a prior version of Federal Rule of Criminal Procedure 35(a) is affirmed where: 1) there is no material difference between the "discretionary" life term authorized by 21 U.S.C. section 848(a) and the "mandatory" life term authorized by section 848(b); 2) defendant could not challenge the process by which his sentence was imposed under Rule 35(a); and 3) Rule 35(a) did not permit defendant to raise the argument that the district court erred in finding facts relevant to the sentence without submitting those facts to the jury.

Read US v. Montalvo, No. 07-16762

Appellate Information

Argued and Submitted March 10, 2009

Filed September 16, 2009

Judges

Opinion by Judge Wallace

Counsel

For Appellant:

Richard B. Mazer, Law Offices of Richard B. Mazer, San Francisco, CA

For Appellee:

Phillip A. Talbert, Assistant United States Attorney, Chief of Appeals, Sacramento, CA

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options