111065P.pdf   09/15/2011  United States  v.  Mark Rublee
   U.S. Court of Appeals Case No:  11-1065
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Loken, Author, with Beam and Shepherd, Circuit Judges]
   Criminal case - Sentencing. District court did not exercise its Rule 35(b)
   discretion in violation of law, 18 U.S.C. Sec. 3742(a)(1), and the appeal is
   dismissed for lack of jurisdiction; if the court has jurisdiction over a
   sentencing appeal under Sec. 3742(a) or Sec. 3472(b), the court can
   review the extent of the Rule 35(b) reduction for abuse of discretion; but
   if the issue on appeal is whether the district court abused its discretion in
   granting or denying a Rule 35(b) motion, or in determining the extent of
   the sentence reduction, only the government may appeal under Sec.
   3742(b)(3); if the defendant appeals, he must establish the sentence was
   imposed "in violation of law" to confer appellate jurisdiction under Sec.
   3742(a)(1); because the district court had authority to limit the Rule 35(b)
   reduction based on factors unrelated to the substantial assistance
   defendant provided, his sentencing was not imposed in violation of law
   even if based on an unrelated factor.