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11th Cir 1st Cir 2d Cir 9th Cir alleged allocution ALR Fed amended Appx attorney CA5 Tex CA9 Cal cert charge claim cocaine conspiracy Court of Appeals criminal procedure dant dant's defendant's motion defendant's sentence defense counsel dence denied district court drug entitled F Supp factual failed FED App Fed.Rules Cr.Proc.Rule 33 Fed.Rules Cr.Proc.Rule 35(b Federal Rules fendant file motion findings forfeiture Fourth Amendment FRCrP government's grant guilty plea issue judgment jurisdiction juror jury instruction lesser included offense ment motion for return motion to vacate motion to withdraw newly discovered evidence notice objections offense plain error plea agreement presentence investigation report presentence report PSR prior proceeding prosecution remand request Research References resentencing return of property Rule 35 rule of criminal search warrant sentencing court Sentencing Guidelines sentencing hearing seven days substantial assistance supervised release testimony tion trial based trial court U.S.C.A. Const.Amend United verdict violation witness