SENTENCE MODIFICATION, APPLICATION, MOTION, AND ORDER 2025

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A sentence modification, when granted by the court, changes the terms of your sentence. Obtaining a modification requires going back to court after being sentenced to petition the judge to alter the terms of your original sentence.
A motion for resentencing (MFR) is a legal motion that a defendant (or his/her attorney) files with the court, and in it, asks the judge to modify or alter his sentence. 1. An MFR is also referred to as a petition to modify a sentence.
One of the primary legal bases for sentence modification is Rule 35 of the Federal Rules of Criminal Procedure. This rule allows for sentence corrections under specific circumstances, such as clerical errors or substantial assistance provided by the defendant.
Federal Rule of Criminal Procedure 35(b) permits a court, upon the governments 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.
2. Rule 35(b) motion for sentence reduction. Federal Rule of Criminal Procedure 35(b) permits the court to reduce a sentence if the defendant provides substantial assistance in investigating or prosecuting another person. The government must file a motion indicating that the defendants assistance was significant.

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For example, suppose new evidence shows that the defendant should have faced an assault charge instead of second-degree . In such a case, the defendants lawyer will file a motion to modify the sentence to reflect the charge and the punishment the person should have faced.
Typically, a motion to correct sentencing can be made any time after an illegal sentence is imposed or incorrect calculations have been made regarding the length of your sentence or time served.

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