Rule 35

E143888

Rule 35 is a provision of the Federal Rules of Criminal Procedure that governs the correction or reduction of a criminal sentence under specified circumstances.

All labels observed (2)

How this entity was disambiguated

Statements (49)

Predicate Object
instanceOf current framework of Rule 35
earlier version of Rule 35
provision of the Federal Rules of Criminal Procedure
subsection of Rule 35
subsection of Rule 35
allowed broad reduction of sentence within 120 days
allows correction of a sentence that resulted from arithmetical error
correction of a sentence that resulted from other clear error
correction of a sentence that resulted from technical error
reduction of sentence below statutory minimum
appliesTo criminal cases in United States federal courts
authorityType procedural rule
basisInLaw Title 18 of the United States Code
bindingOn United States district courts
citationForm Federal Rules of Criminal Procedure
surface form: Fed. R. Crim. P. 35
condition defendant provides substantial assistance in investigating or prosecuting another person
doesNotAuthorize de novo resentencing
reconsideration of all sentencing factors
governs correction of a criminal sentence
correction of sentence for clear error
reduction of a criminal sentence
reduction of sentence for substantial assistance
hasSubdivision Rule 35(a)
Rule 35(b)
historicalVersion post‑1987 Rule 35
pre‑1987 Rule 35
jurisdiction U.S. federal courts
surface form: United States federal courts
language English
legalDomain criminal procedure
legalSystem United States common law–based federal system
motionBy court on its own
defendant
government
narrowed grounds for sentence modification
partOf Federal Rules of Criminal Procedure
promulgatedBy Supreme Court of the United States
purpose to correct clear sentencing errors
to incentivize substantial assistance to authorities
relatedTo 18 U.S.C. § 3582(c)
United States Sentencing Guidelines
surface form: Federal Sentencing Guidelines
requires compliance with specified procedural requirements
compliance with specified time limits
motion by the government
subjectMatter post‑sentencing modification
timeLimit 14 days after sentencing
within one year of sentencing in most cases
usedBy criminal defense attorneys
federal judges
federal prosecutors

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Rhode Island Rules of Criminal Procedure includes Rule 35
this entity surface form: Rule 35 on correction or reduction of sentence