Andrew J. Johnston v. United States

Andrew Johnston cooperated in the investigation and prosecution of a high-ranking member of the Sinaloa Cartel. In return, the government moved under Federal Rule of Criminal Procedure 35(b) for a reduction in Johnston’s sentence. Rule 35(b) authorizes sentence reductions when “the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person.” The District Court denied the full reduction requested, relying on sentencing factors under 18 U.S.C. § 3553(a) unrelated to the value of Johnston’s assistance. The Seventh Circuit affirmed, concluding that 18 U.S.C. § 3742(a) “narrowly circumscribe[d]” its review to whether the “sentence . . . was imposed in violation of law.” It also held that the District Court did not err in considering factors beyond the value of the assistance Johnston provided. The questions presented are:

1. Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from “an otherwise final sentence” subject to the limited scope of review under 18 U.S.C. § 3742(a).

2. Whether a district court deciding a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction may deny the government’s requested reduction by relying on sentencing factors under 18 U.S.C. § 3553(a) that are unrelated to the value of the substantial assistance provided.