United States v. Sinclair

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT

_____________________ No. 92-1610 _____________________

UNITED STATES OF AMERICA

Plaintiff-Appellee versus

CLIFFORD SINCLAIR

Defendant-Appellant ___________________________________________________________ Appeal from the United States District Court for the Northern District of Texas ____________________________________________________________ (August 27, 1993)

Before WIENER, EMILIO GARZA, Circuit Judges, and LITTLE*, District Judge.

PER CURIAM:

Clifford Sinclair, a federal prisoner, has appealed from the district court's denial of his motion to reduce his sentence, which was filed pursuant to Rule 35 of the Federal Rules of Criminal Procedure. A district court's ruling under Rule 35 will be reversed "only for illegality or gross abuse of discretion."1 United States v. Lewis, 743 F.2d 1127, 1129 (5th Cir. 1984) (quoting United States v. Sparrow, 673 F.2d 862, 864 (5th Cir. 1982)). We have reviewed the record and considered the arguments presented, and we do not find that the district court grossly abused its discretion.

AFFIRMED.

v. Hayward, 762 F.2d 1226, 1228 (5th Cir. 1985). The Hayward case provides that a district court's ruling on a motion under Rule 35 will be reversed "only for illegality or gross abuse of discretion." Id. (cites omitted). Therefore, the standard of review remains gross abuse of discretion.