Opinion
Criminal Action No. 10-cr-64-JLK.
August 17, 2010
ORDER
This matter is before the Court on Defendant Doris Marie Abeyta's Motion for a Reduction or Modification of Sentence Rule 35(b) (doc. #22), filed August 12, 2010. I have reviewed the motion and the response. The motion is DENIED because it is based on Rule 35(b) of the rules of criminal procedure and such a motion may be initiated only by the government based on a defendant's "substantial assistance in investigating or prosecuting another person". Fed.R.Crim.Pro. 35(b)(1). "[T]he plain language of the rule makes clear that only the government can bring a Rule 35(b) `substantial assistance' motion." United States v. Monus, 356 F.3d 715, 718 n. 4 (6th Cir. 2004).