United States of America v. Mark Steven Rublee

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Submitted: June 17, 2011

Before LOKEN, BEAM, and SHEPHERD, Circuit Judges.

Mark Steven Rublee pleaded guilty to conspiracy to distribute 500 grams or more of methamphetamine. The district court sentenced him to 132 months in *fn1 prison, above the minimum sentence of 120 months mandated by 21 U.S.C. § 841(b)(1)(A). One year later, the court granted the Government’s Rule 35(b) motion to reduce the sentence below the mandatory minimum to reflect Rublee’s substantial assistance in providing information that led to the conviction of two other persons. See 18 U.S.C. § 3553(e); Fed. R. Crim. P. 35(b). Rublee appeals the reduced 98-month sentence, arguing the district court improperly considered factors unrelated to the value of his assistance in declining to grant a further reduction. Concluding that the court did not exercise its Rule 35(b) discretion “in violation of law,” 18 U.S.C. § 3742(a)(1), we dismiss the appeal for lack of jurisdiction.

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