sentence has been imposed, upon motion of the government made more than one year after sentencing, a district court may reduce a defendant’s sentence based on substantial assistance if the defendant’s substantial assistance involved information: (1) not previously known to the defendant; (2) not useful to the government until more than a year after the defendant’s sentencing; or (8) the usefulness of which was not reasonably anticipated by the defendant, until more than one year after sentencing. Fed.R.Crim.P. 35(b)(2). We have held the government has “ ‘a power, not a duty, to file a motion when a defendant has substantially assisted.’ ” United States v. Forney, 9 F.3d 1492, 1500 (11th Cir.1993) (quoting Wade v. United States, 504 U.S. 181, 112 S.Ct. 1840, 1843, 118 L.Ed.2d 524 (1992) (<HOLDING>)). Where a plea agreement requires the
holding same in the flsa retaliation context recognizing that policy considerations and analytical framework in civil context are sometimes persuasive and instructive in criminal context recognizing fiduciary exception in the erisa context holding so in motionfornewtrial context holding such in the context of ussg  5k11