United States of America v. RAYNARD McDOWELL

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted May 10, 2007
Decided October 1, 2007
Before
Hon. RICHARD A. POSNER,, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge
No. 06-3007
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RAYNARD McDOWELL,
Defendant-Appellant.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division.
No. 94 CR 787-1
Suzanne B. Conlon, Judge.
O R D E R
The defendant was convicted of drug-related offenses and given a long prison
sentence. He appealed, and we remanded the case for an evidentiary hearing on his
contention that the prison had destroyed tapes of a telephone call that would show
that the government had promised to seek a sentence reduction for him under Fed.
R. Crim. P. 35(b) for providing the government with substantial assistance, and the
promise had been broken. On remand, the district court conducted an evidentiary
hearing and found that no promise had been made. The finding is not clearly
erroneous, and the judgment denying the motion to compel the government to file a
Rule 35(b) motion is therefore
AFFIRMED.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

-- 1 of 1 --