Criminal DefensepdfFederal

Motion to Reduce Sentence (FRCP 35 / Compassionate Release)

Motion asking the court to reduce a previously imposed sentence based on changed circumstances, substantial assistance, or extraordinary and compelling reasons.

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Instructions

For government-sponsored motions (Rule 35(b)): filed by the prosecution based on the defendant's substantial assistance in investigating or prosecuting another person. For compassionate release (18 U.S.C. 3582(c)(1)(A)): the defendant must first request release from the Bureau of Prisons warden and wait 30 days. Demonstrate extraordinary and compelling reasons (terminal illness, debilitating medical condition, age, family circumstances). Show you are not a danger to the community and the Section 3553(a) factors support release.