DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
002242P.pdf 03/29/2001 United States v. Russell B. Marks
U.S. Court of Appeals Case No: 00-2242
Western District of Missouri
Criminal case - criminal law. District court erred in finding plea
agreement was not sufficiently definite to be enforced; however,
defendant was not entitled to compel the government to file a
Rule 35(b) motion for reduction of sentence as the plea
agreement specifically reserved the government's discretion; since
defendant failed to show the government's refusal to file the motion
was unprincipled, there could be no judicial review of the decision,
and defendant was not entitled to a remand for a hearing on the
issue of the government's alleged bad faith or his substantial assistance.