Rule 35 Sentence Reductions

Rule 35 of the Federal Rules of Criminal Procedure allows for sentence reductions when a defendant provides help to the government in investigating or prosecuting others after being sentenced.

There are two parts to Rule 35;
Rule 35(a) – Sentence Correction;
Under Rule 35(a) the court can fix a sentence due, to any “technical or other clear error” within 14 days after sentencing. This correction is meant for cases where theres a mistake in the sentence that has nothing to do with the defendants cooperation.

Rule 35(b) – Reduction for Defendants Assistance;
Rule 35(b) gives the court the authority to lower a defendants sentence if the government submits a motion stating that the defendant provided assistance in investigating or prosecuting another individual.

Rule 35(b) is especially relevant when considering reductions based on assistance. It outlines;
Reducing a Sentence, for Substantial Assistance.
In General;The court has the authority to decrease a sentence within one year of sentencing if the defendant has provided assistance, in investigating or prosecuting another individual after being sentenced. The reduction of the sentence must align with the guidelines and policies established by the Sentencing Commission.

If than a year has passed since sentencing the court can still reduce a sentence based on the defendants assistance. This assistance could involve information that was not known to the defendant until after one year post details provided by the defendant within one year of sentencing. Only became useful later or information whose usefulness was not foreseeable by the defendant until after one year post sentencing and promptly shared with the government once its value was evident to them.

It is important to note that a Rule 35(b) motion is typically instigated by the government by the prosecutor and it is ultimately up, to their discretion whether or not to file such a motion.If the government decides to submit a Rule 35(b) request the court can lower the defendants sentence by considering how much the defendant helped and following the guidelines and policies set by the Sentencing Commission.

To put it simply Rule 35, in the Federal Rules of Criminal Procedure allows for reducing sentences when a defendant provides assistance to the government after being sentenced.

Rule 35(b) specifically deals with reducing sentences because of a defendants cooperation, in investigating or prosecuting another individual and such reductions must be requested by the government.