Defendants may not use a purported motion to correct a sentence under Rule 35 to circumvent an appeal waiver.
The Circuit held today, in United States v. Rakhmatov, No. 21-151(L) (2d Cir. Nov. 17, 2022), that “when a challenge to a prison sentence purportedly under [Fed. R. Crim. P.] 35(a) does not fall within the narrow scope of Rule 35(a), an appeal waiver can bar consideration of the motion.” Rakhmatov pleaded guilty to conspiracy … Read more