Downward Departure and Reduced Sentences

Motions for Downward Departure (USSG 5K1.1) or Rule 35 Motion to Reduce Sentence

Under Rule 5K1.1 of the United States Sentencing Guidelines and Rule 35(b) of the Federal Rules of Criminal Procedure, a defendant who provides substantial assistance to the Government in the investigation or prosecution of another of a crime, may be entitled to a sentence reduction.  That means if the defendant provides information or testimony that leads to the arrest, indictment, conviction, or sentencing enhancement of another, he has provided substantial assistance and should receive a sentence cut.  Rule 5K1.1 of the United States Sentencing Guidelines allows for the sentence cut to take place at sentencing, while Rule 35(b) involves a sentence cut that takes place after the defendant already received his or her sentence.  Often times, a defendant has provided substantial assistance, but the Government fails to provide an appropriate sentence reduction.  Other times, the Government fails to provide a sentence reduction altogether.  At Strom Law Firm , we will assist you in getting the appropriate sentence reduction from the Court with negotiation with the Government or through motion practice in federal court.   Even if the Government files a motion for a reduction of sentence, it may not be asking for a sufficient reduction taking into account all of the defendant’s assistance and other factors like vocational training and lack of disciplinary violations in prison.  In those circumstances, Strom Law Firm can assist the defendant in arguing to the Court for an appropriate sentence reduction.