Rule 35 Motion in Federal Court

A Federal Rule 35 motion refers to a motion filed under Rule 35 of the Federal Rules of Criminal Procedure. This rule allows a court to reduce a defendant's sentence under certain circumstances, generally within a specific time frame after sentencing.  It is a unique tool for criminal defense attorneys to lessen a client’s exposure and ultimately get them home earlier.

About Rule 35 Motions

Rule 35(a)

Specifically, a Federal Rule 35(a) motion allows a court to correct a sentence that is unlawful or based on a clear error. This motion is typically used to address situations where a sentence was imposed in violation of the law, such as incorrect calculations or improper sentencing guidelines.

Timeframe: A federal rule 35(a) motion must be filed within 14 days after the sentence is imposed. This is a strict deadline, and once the 14-day period has passed, the court generally does not have the authority to correct the sentence unless other legal grounds exist.

Grounds for Potential Reversal or Correction Pursuant to rule 35(a):

• The sentence was imposed based on inaccurate or erroneous information.
• The sentence is not in compliance with statutory requirements or sentencing guidelines.
• There was a clerical or technical mistake made in the court’s records or the sentencing hearing.

Purpose: Rule 35(a) is not designed to provide a way to challenge the substance of the sentence (like challenging its fairness or harshness). Instead, it is focused on correcting procedural or technical errors that may have occurred during the sentencing process.

Example: A defendant was sentenced based on a pre-sentence report that contained inaccurate criminal history. The judge inadvertently imposed a sentence that exceeded the maximum allowed by law. Once a Rule 35(a) motion is filed, the court will review the facts and determine whether the sentence should be corrected due to the claimed error.

Rule 35(b)

A Federal Rule 35(b) motion allows the government to request a reduction in a defendant's sentence if the defendant has provided substantial assistance in the investigation or prosecution of another person or in the enforcement of the law.  Rule 35(b) is a mechanism that rewards defendants who cooperate with authorities by providing valuable information.

Substantial Assistance: Rule 35(b) is designed to encourage defendants to cooperate with the government by offering reduced sentences if substantial assistance is provided. This could include testifying in another case, providing critical evidence, or aiding in the investigation of a larger criminal network or organization.

Government's Role: Unlike Rule 35(a), which can be initiated by the defendant to correct a sentence, Rule 35(b) must be initiated by the government. The government will typically file a motion for sentence reduction if it believes the defendant's cooperation has been substantial and helpful. That said, a federal criminal defense attorney plays a vital role in guiding the client’s cooperation and joining in the government’s motion for a reduced sentence.

Timing of the Motion: The motion must be made within one year of sentencing. If the defendant has provided substantial assistance after the one-year deadline, the government may still request a reduction, but it would be subject to the court’s discretion. The court may grant a sentence reduction based on the timing and the extent of the defendant’s assistance.

Standard for Sentence Reduction: The court considers the value of the assistance in determining whether a reduction in sentence is warranted. The more critical or useful the cooperation, the more likely the defendant may receive a sentence reduction. Rule 35(b) provides a discretionary basis for the court to reduce the sentence. There is no guarantee that a sentence reduction will be granted, even if the government files a motion.

Limitations on the Reduction: The court may reduce the sentence but cannot impose a sentence lower than the statutory minimum, unless the government and the court agree to such a reduction.

Example: A defendant is sentenced for drug trafficking. After sentencing, the defendant provides critical information leading to the arrest of several other key figures in the organization. The government files a Rule 35(b) motion to request a reduced sentence because the defendant’s assistance was deemed significant in dismantling a larger criminal operation.

How We Work With Clients on Rule 35 Motions

Whether a federal rule 35(a) or federal rule 35(b) motion, our law firm takes a meticulous, thorough, and creative approach to these post-conviction motions.  Indeed, federal rule 35 motions provide an excellent vehicle for reducing one’s sentence, and if timely filed and in a persuasive fashion, Judges may reduce one’s time in prison. 

Your Defense Begins Now

If you have been convicted by guilty plea or guilty verdict, please contact our office to discuss a federal rule 35(a) or federal rule 35(b) motion as soon as possible. Given the strict time limitations, the sooner you contact a federal criminal defense attorney, the better your outcome may be. Contact the Law Offices of Jason Goldman today.