Rule 35 Relief
After a defendant is sentenced, certain circumstances may lead to a reduction in sentence under Rule 35 of the Federal Rules of Criminal Procedure.
Rule 35(a) authorizes the correction of a sentence resulting from arithmetical, technical, or other clear error. Such a motion must be filed within 14 days after sentencing. However, a Rule 35(a) motion is not a means to ask the sentencing court to change its mind or reopen issues previously addressed regarding application of the sentencing guidelines. Rather, Rule 35(a) relief is intended for cases with obvious errors or technical mistakes occurred.
By contrast, Rule 35(b) can offer a reduction in exchange for substantial assistance. Such motions must be made after sentencing. Rule 35(b) motions must be filed by the government within one year after sentencing. However, such motions may be filed by the government more than one year after sentencing if the substantial assistance involved the following:
(A) information not known to the defendant until one year or more after sentencing;
(B) information provided by the defendant to the government within one year of sentencing, but which did not become useful to the government until more than one year after sentencing; or
(C) information the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing and which was promptly provided to the government after its usefulness was reasonably apparent to the defendant.
The government has the “power, not a duty, to file a motion when a defendant has substantially assisted.” Thus, Rule 35(b) relief is entirely discretionary.
If you or someone you care about is in need of Rule 35(b) relief, contact the Peter Armstrong, Attorney at Law.