Cedric Milburn v. United States

There is a conflict among the United States Courts of Appeals regarding the proper interpretation of Federal Rue of Criminal Procedure 35(b). The question is: whether Rule 35(b) gives criminal defendants the right to notice and the opportunity to be heard before a district court can resolve a motion for a sentencing reduction based on cooperation with the government (as the Second, Fourth, and Sixth Circuits hold), or whether it does not give defendants these rights (as the Fifth Circuit holds).