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District of Columbia Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

Category:
Affidavits - Criminal
State:
Multi-State
Control #:
US-02238BG
Format:
Word; 
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Description

It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Affidavit By Attorney For Defendant In Support Of Motion For Reduction Of Sentence For Defendant's Assistance With Another Prosecution - Modify?

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FAQ

Although federal judges consult the guidelines before rendering a sentence, they are not required to adhere to them. They can make upward or downward deviations based on the facts of the case.

(A) In General. A party must disclose to the other parties the identity of any witness it may use at trial to present expert testimony.

Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.

Under current Rule 35(b), if the government believes that a sentenced defendant has provided substantial assistance in investigating or prosecuting another person, it may move the court to reduce the original sentence; ordinarily, the motion must be filed within one year of sentencing.

Rule 12-I(a) provides that a moving party must seek consent of other affected parties prior to the filing of a motion, except with respect to Rule 11 motions for imposition of sanctions. In these instances, a good faith effort to resolve the disputed issues is required.

A judge cannot increase a defendant's punishment after a legal sentence is handed down and executed (put into force).

A sentence imposed in a federal criminal case may also be reduced pursuant to 28 U.S.C. § 2255 when the sentence needs to be vacated, set aside, or corrected due to constitutional violations.

If a party has consented to the assignment of the case to the magistrate judge calendar, such consent may be withdrawn only for good cause upon leave of the Presiding Judge of the Civil Division or that judge's designee.

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