Is denial of a Rule 35 motion for a seriously ill inmate by a federal district judge an abuse of power?
MultiRegion, United States of America
The following excerpt is from U.S. v. Thayer, 857 F.2d 1358 (9th Cir. 1988):
Of course, district judges in the exercise of their discretion may reduce sentences of those seriously ill. See United States v. Niemiec, 689 F.2d 688 (7th Cir.1982); United States v. Episcopia, 660 F.Supp. 851 (S.D.N.Y.1987). But no case that we have found addresses whether denial of a seriously ill inmate's Rule 35 motion constitutes abuse of discretion.
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