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Fed. R. Crim. P. 35

Correcting or Reducing a Sentence

activein force · 2024-12-01 – presentact-effective-date

(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. In evaluating whether

the defendant has provided substantial assistance, the court

may consider the defendant’s presentence 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.

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug.

1, 1979; Apr. 28, 1983, eff. Aug. 1, 1983; Pub. L. 98–473, title II, § 215(b),

Oct. 12, 1984, 98 Stat. 2015, eff. Nov. 1, 1987; Apr. 29, 1985, eff. Aug.

1, 1985; Pub. L. 99–570, title I, § 1009(a), Oct. 27, 1986, 100 Stat. 3207–8,

eff. Nov. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 24, 1998, eff. Dec.

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2004, eff. Dec. 1, 2004;

Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)

Provenance

Source
uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
a38ef25c1d7e673e8161676d7b32b2a98479efdb59fe75d2a8970246cef45791
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