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Rule 35?

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S

smcelroy

Guest
What is the name of your state? FL
What is rule 35? I was told you can lessen your time with rule 35. Can this be done before you go to prison or after you are in prison? Does this go for some people or all people? I have had two different answers from people. Some say it depends on the judge and others say the lawyer can have it done. I have also been told you have to be in prison for 120 days to one year. Any comments?
 


H

hgrego1015

Guest
Under the Federal rules of criminal procedure

Rule 35 Correction or redution of sentence.

(a) Correction of a sentence on remand. The court shall correct a sentence that is determined on appeal under 18 U.S.C. 3742 to have been imposed in violation of law, to have been imposed as a result of an incorrect application of the sentencing guidelines, or to be unreasonable, upon remand of the case to the court.

In addition to the above information:

It may be filed to correct a sentence deemed to be incorrect due to a technical or clerical error.

It may be filed by the government in a situation where the defendant is showing substantial assistance with the government in providing information on a criminal offense. In other words the government may use this as an incentive for assistance. Under this circustance the motion must be filed within 1 year of the original sentencing date unless the defendant can prove that the information that he has came to light to him after one year.
 

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