Legal Question in Appeals and Writs in Virginia

motion 5k,rule 35B & Safety Valve

What is this motion and the other two subjects

Asked on 3/23/09, 4:40 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: motion 5k,rule 35B & Safety Valve

A motion under Chapter 5K1.1 of the U.S. Sentencing Guidelines could come from the federal prosecutor requesting that the defendant be given

a reduction in his sentence based upon his substantial assistance to the government in the investigation of the matter with which he has been charged or it could be based upon the numerous other grounds enumerated under Chapter 5K for departure (in sentencing) from the standard guidelines(now advisory) which are intended to aid the judge in passing a fair and just sentence on the defendant who has been convicted of or pled guilty to a federal crime.

Rule 35(b)refers to a Federal Rule of Criminal Procedure which allows for a motion to be filed by the defendant or his attorney to reduce the sentence imposed by the court and based upon the assertion that the defendant has substantially cooperated with the government (normally in providing information useful in prosecuting others involved in the same or related crime(s)).

The reference to "Safety Valve" refers to a provision in the U.S. Sentencing Guidelines which allows for a court to sentence a first time offender with no record of prior convictions to a sentence below the mandatory minimum guidelines.

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3/26/09, 5:13 pm

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