Section 35 - Correcting or Reducing a Sentence

1 Analyses of this statute by attorneys

  1. Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Winter 2022

    Cozen O'ConnorJanuary 13, 2022

    pdf Unanimous decision: Rendell (writing), Jordan, and PorterBACKGROUNDDefendant sought compassionate release to reduce his sentence based on his alleged cooperation with the Government in the prosecution of another. The district court denied the request and concluded that, because his motion centered on his alleged substantial assistance to the Government, Federal Rule of Criminal Procedure 35 governed the issue. The district court then determined that Rule 35 relief may only be granted after the Government has moved for relief on the Defendant’s behalf.