United States v. Hanson

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 22, 2003
• Docket: 02-41122
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 22, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-41122 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HOWARD HARRY HANSON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CR-93-1 --------------------

Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Howard Harry Hanson (“Hanson”), federal prisoner # 07330-

079, appeals the district court order denying his motion to

compel the Government to file a FED. R. CRIM. P. 35(b) motion.

Hanson argues that the Government breached the plea agreement and

that the district court abused its discretion in failing to

question the Government regarding the representations contained

in the plea agreement.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 02-41122 -2-

With limited exceptions, a motion for reduction of sentence

for substantial assistance must be filed by the Government within

one year after the sentence was imposed. FED. R. CRIM. P. 35(b).

Hanson filed his motion nearly two years after his sentence was

imposed and does not assert that the exceptions to this rule

apply. See United States v. Mitchell, 964 F.2d 454, 461 (5th

Cir. 1992). Furthermore, the plea agreement upon which Hanson

relies made no representations regarding a FED. R. CRIM. P. 35(b)

motion and the district court cannot compel the Government to

file one. See United States v. Amaya, 111 F.3d 386, 387 n.2, 388

(5th Cir. 1997).

AFFIRMED.