In addition to negotiation of preferential sentencing before sentencing by way of a rule 5k1.1 motion, a Rule 35 motion makes it possible to negotiate a lighter sentence in exchange for cooperation and substantial assistance after a conviction has been handed down. Rule 35 motions can also cover other circumstances, including sentencing calculation errors.
Rule 35 motions, like 5k1.1 cooperation motions, can only be filed by the federal prosecutor in your case. The key to persuading a federal agent to get on board with and to negotiating with a federal prosecutor to file a motion and to actually obtaining a sentence reduction from the court – whether it is pre-sentencing or post-sentencing – is effectively organizing cooperation information for the federal agents and the federal prosecutors and not simply passing on as much information as possible. Your federal defense attorney and his legal team, which should include former police detectives as does ours, will play a major role in gathering, organizing, proposing,, brokering and arguing a sentence reduction motion. As a former prosecutor with over a decade of defense experience, Tim Bower Rodriguez has seen both sides of the negotiation process, and will do everything possible to obtain a sentence reduction even after a lengthy federal prison sentence is imposed.
To view Federal Rule 35 Motion for Sentence Reduction & Cooperation case results, click here.