When the prosecution files a §5K1.1 or Rule 35 motion, how low can a courts sentence go?
Although prosecutors filing § 5K1.1 and Rule 35 motions normally recommend specific sentences, once a prosecutor files such a motion, the court is free to impose whatever sentence it believes is appropriate. If a mandatory minimum is involved, a court may not impose a sentence below the mandatory minimum unless the prosecutor’s motion gives the court such power.
