Federal Rule 35 Motion for Sentence Reduction & Cooperation Case Results
Featured: USA v John Doe*
Court
U.S. Middle District of Florida
Case Result
18-level 5k1.1 and rule 35 downward departure and 851 enhancement withdrawn. Our client’s sentence went from a PSR projected 22-year guideline sentence to serving just over 4 years. Our client was indicted as part of multiple year, multiple member drug trafficking conspiracy. Given a realistic analysis of the evidence and odds of getting the case dismissed based upon attorney Tim Bower Rodriguez’s experience, our client decided to cooperate with the federal government on his own case plus provide information and testimony on three other unrelated cases. In exchange, the government agreed to withdraw the requirement of a 20-year mandatory minimum sentence pursuant to 21 USC 851, moved the Court for a 5k1.1 motion for sentence reduction, and two subsequent rule 35 motions based upon his or her continued cooperation and substantial assistance to authorities even after imprisonment.
Additional Case Results
| USA v. JOHN DOE* | U.S. Middle District of Florida, Tampa Division |
| Case Result: | 13-level sentence reduction based upon cooperation and time-served sentence. Our client agreed to testify against other defendants involved in the multi-member criminal conspiracy. Our client testified as a government witness and received a 5k1.1 motion for sentence reduction. Attorney Tim Bower Rodriguez persisted in efforts to persuade the federal prosecutor to file a post-sentencing reduction of sentence via a federal rule of criminal procedure rule 35 motion, which only the government can file. After several months of persistence and reminders by our legal team, the federal government agreed to file a rule 35 motion for sentence reduction. At a hearing on the motion, the government essentially agreed to and the Court imposed a credit time served sentence. Our client’s original release date was projected at April 2020, instead she was actually released in January 2015. |
| USA v. JOHN DOE* | U.S. Middle District of Florida |
| Case Result: | Sentence reduction of 4.5 years. A different attorney represented our client at the time of sentencing. Our client hired us to pursue a sentence reduction via a rule 35 motion. Even though he had been in prison for several years at the time he contacted us, attorney Tim Bower Rodriguez researched the case, analyzed and formulated a long-term strategy, and obtained initial approval from the federal prosecutor. Nearly two years later and after much persistence by our legal team and our client, the government agreed to file a rule 35 motion for sentence reduction. |
* Real names of our clients are not listed for safety reasons, privacy reasons or that the case files listed above are not public record because no charges were ever filed against our clients.
NOTE: The above case results are a small sample of results obtained by attorney Tim Bower Rodriguez. Additional case results wherein our law firm obtained not guilty trial verdicts, appellate convictions and sentence reversals, sentence reductions, United States sentencing guidelines downward departures, downward variances pursuant to 18 USC 3553(a), are available upon request.
