Rule 35(b) Substantial Assistance Sentence Reductions
Despite the general prohibition on modifying a sentence after it's been imposed, there are exceptions that can bring a ray of hope. One such exception is Rule 35(b) of the Federal Rules of Criminal Procedure. This rule, when applied, can lead to a significant reduction in your sentence if you've provided substantial assistance to the government in the investigation or prosecution of another person.
Under Rule 35(b), after a government's motion made within one year of sentencing, a federal court is permitted to reduce a sentence. Suppose the government brings a substantial assistance motion more than a year after the sentence had been imposed. In that case, the court may reduce the sentence if the assistance provided to the government was not known to the defendant until more than one year after sentencing.
Also, if the information was given within one year of sentencing, but the information that was provided did not become useful to the government until more than a year after sentencing; or the usefulness of the information provided could not have been reasonably anticipated by the defendant until more than a year after sentencing and the information was provided promptly after its usefulness became apparent to the defendant.
You need to work with an experienced criminal defense attorney who can protect your interests and make sure that the substantial assistance you provide works to benefit you. Our law firm has decades of experience and will work not only to ensure that the assistance you provide benefits you, but will also work to ensure that you and your family are protected from retaliation or further criminal exposure.
Broad Discretion
Notably, part of Rule 35(b) is that once the government files a substantial assistance motion and recommends a sentence reduction, the court is not bound by the government's recommendation. Federal courts have broad discretion in determining the new sentence, which allows them to reduce a sentence even below the statutory minimum sentence for the crime.
When deciding a Rule 35(b) motion, a judge will determine whether the defendant has indeed provided substantial assistance by cooperating with the government. The assistance cannot be minimal; it must be substantial, and more importantly, the government must consider it to be substantial. The judge will also decide the extent to which an assisting defendant's sentence should be reduced.
In exercising their discretion, judges consider non-assistance factors in determining the extent of sentence reduction. Such factors include the defendant's character prior to sentencing, any presentence cooperation, the post-conviction record, and current health condition, among others.
Under the United States Sentencing Commission, the sentence can be reduced, potentially even below any mandatory minimum set by statute. Rule 35(b) reductions are generally less beneficial than §5K1.1 departures, but offenders who receive both may experience the largest overall sentence reduction.
Rule 35(b) Quick Facts
- Rule 35(b) is a federal law mechanism allowing a court to reduce a defendant's sentence after it has already been imposed.
- The rule is triggered when the government files a motion saying that the defendant has provided substantial assistance in another investigation or prosecution.
- The term "substantial assistance" refers to a defendant's actions that significantly aid law enforcement or prosecutors.
- Substantial assistance includes sharing critical information about criminal activity, identifying co-conspirators, testifying in court, or participating in undercover operations that can greatly impact the outcome of a case.
- The assistance must materially advance the investigation or prosecution of another individual or group.
- Resentencing under Rule 35(b) is not automatic; rather, a defendant must act in good faith in assisting.
What Does the Federal Law Say?
Federal Rules of Criminal Procedure Rule 35. Correcting or Reducing a Sentence says -
"(a) Correcting Clear Error. Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear error.
(b) Reducing a Sentence for Substantial Assistance.
(1) In General. Upon the government's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person.
(2) Later Motion. Upon the government's motion made more than one year after sentencing, the court may reduce a sentence if the defendant's substantial assistance involved:
(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.
(3) Evaluating Substantial Assistance. The court may consider the defendant's presentence assistance in evaluating whether the defendant has provided substantial assistance.
(4) Below Statutory Minimum. When acting under Rule 35(b), the court may reduce the sentence to a level below the minimum sentence established by statute.
(c) "Sentencing" Defined. As used in this rule, "sentencing" means the oral announcement of the sentence."
Government Must Initiate
It's essential to note that federal defendants do not have the authority to submit a Rule 35(b) motion to the court independently. The initiation of this process is solely at the discretion of the government prosecutor, who will only take this step if they determine that the assistance provided is both credible and substantial.
The government's Rule 35(b) motion must also include detailed information about the extent and value of the defendant's assistance. For example, if the defendant provided information that led to the arrest of a major drug trafficking suspect, it would likely be highlighted as an example of substantial assistance.
Even after the prosecution files a Rule 35(b) motion, the court retains full discretion to decide whether to grant the sentence reduction and, if so, the degree of that reduction. The court will conduct a comprehensive evaluation of the assistance's significance, reliability, and impact on the case, among other factors.
Why You Need a Defense Attorney
While the resentencing under Rule 35(b) is initiated and carried out by the federal prosecutor, the involvement of our skilled federal criminal defense attorneys can significantly enhance the chances of having the motion granted. We can expertly navigate the legal process and effectively advocate for our client's case.
For example, we can help negotiate a plea agreement or cooperation deal that incentivizes the government to file a Rule 35(b) motion later. We can also ensure that the defendant's contributions are thoroughly documented and communicated persuasively to the prosecutors.
We can advocate for exceptions to the one-year rule by demonstrating the importance of late-breaking assistance. Cooperation can expose defendants to risks, including retaliation. Our lawyers will work to minimize these hazards while ensuring that the assistance provided is impactful without undue jeopardy.
Also, can argue persuasively at resentencing hearings to achieve the most favorable outcome possible when a Rule 35(b) motion is presented in court. For more information, contact our federal defense attorneys at the Hedding Law Firm, located in Los Angeles, California.
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