United States v. Hanson ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 22, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-41122
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HOWARD HARRY HANSON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CR-93-1
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Howard Harry Hanson (“Hanson”), federal prisoner # 07330-
079, appeals the district court order denying his motion to
compel the Government to file a FED. R. CRIM. P. 35(b) motion.
Hanson argues that the Government breached the plea agreement and
that the district court abused its discretion in failing to
question the Government regarding the representations contained
in the plea agreement.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-41122
-2-
With limited exceptions, a motion for reduction of sentence
for substantial assistance must be filed by the Government within
one year after the sentence was imposed. FED. R. CRIM. P. 35(b).
Hanson filed his motion nearly two years after his sentence was
imposed and does not assert that the exceptions to this rule
apply. See United States v. Mitchell, 964 F.2d 454, 461 (5th
Cir. 1992). Furthermore, the plea agreement upon which Hanson
relies made no representations regarding a FED. R. CRIM. P. 35(b)
motion and the district court cannot compel the Government to
file one. See United States v. Amaya, 111 F.3d 386, 387 n.2, 388
(5th Cir. 1997).
AFFIRMED.