Possibly, but only the government can file a Rule 35(b) motion. If you gave substantial help investigating or prosecuting another person after your federal sentence was announced, the government may ask the sentencing court to reduce that sentence. The court decides whether to grant a reduction and how much, if any. Providing information does not require prosecutors to move or the court to reduce the sentence. Federal Rule of Criminal Procedure 35(b).
Start with the date the judge announced the sentence
Rule 35(b)(1) allows a government motion made within one year of sentencing when the defendant provided substantial assistance after sentencing. For this rule, “sentencing” means the judge’s oral announcement, not the later entry of a written judgment. Find that date in the hearing record, then give counsel the dates and details of any assistance after it. A discussion or promise to cooperate before sentencing does not, by itself, establish the post-sentence assistance required by Rule 35(b)(1). Rule 35(b)(1), (c).
If the government would move more than one year after sentencing, Rule 35(b)(2) permits a reduction only when the assistance involved one of these information situations:
| Later-motion condition | What counsel needs to check |
|---|---|
| Information learned later — (A) | The defendant did not know the information until at least one year after sentencing. |
| Information became useful later — (B) | The defendant gave the information to the government within the first year, but it did not become useful to the government until after that year. |
| Usefulness could not reasonably be anticipated — (C) | The defendant could not reasonably have anticipated its usefulness until after the first year and promptly gave it to the government once its usefulness was reasonably apparent. |
These are limits on a later government motion, not a general extension for every cooperation discussion. Counsel should compare the dates with the actual information provided and the government’s use of it. Rule 35(b)(2).
What can the court consider?
Rule 35(b) concerns substantial assistance in investigating or prosecuting another person. When evaluating post-sentence assistance, the court may also consider help the defendant gave before sentencing. Counsel should identify what assistance occurred after sentencing and any reduction already awarded for earlier help. If a Rule 35(b) motion succeeds, the court may reduce the sentence below a statutory minimum, but the rule does not require that result. Rule 35(b)(1), (3)–(4).
The stage matters. Rule 35(a) addresses a court’s correction of an arithmetical, technical, or other clear sentencing error within 14 days; it is not the substantial-assistance procedure. Before sentencing, a government motion under U.S. Sentencing Guidelines §5K1.1 may support a sentence below the guideline range, while a separate government motion under 18 U.S.C. §3553(e) supplies authority to go below a statutory minimum. Those pre-sentence authorities do not replace Rule 35(b)’s post-sentence conditions.
What to give counsel now
Collect the written judgment and sentencing transcript or hearing date; any plea or cooperation agreement; communications about the assistance; and a dated account of what information you provided, to whom, and when. Keep the originals intact. Ask defense counsel to identify the oral sentencing date, whether the help occurred after it, whether a later-motion exception could apply, and what the agreement actually says about a government motion. Do not assume that a defendant-filed request is a Rule 35(b) motion: the rule assigns that motion to the government. Rule 35(b)–(c).
If your federal case is connected to California and you need a lawyer to review the sentence and cooperation documents, contact the Law Offices of David S. Chesley at (800) 755-5174 to discuss the case posture and possible next step.