My husband was sentenced 6 months ago in a federal case and before his sentenced he gave information to the government. There were two agents from another city that asked to speak with my husband, after meeting, the agent told my husband to be sure you tell ur atty. to advise prosecutor to file a motion to reduce your sentence, because that he did very well on all the info. he gave. I asked the atty he said they have to do an arrest & only if that person desides on taking it to trial. Then the government can file a motion to reduce my husbands time. So I ask how will we find out, if there were any arrest? What if the government never files anything? Should I call and speak with a federal public atty.? My fear is that its almost gonna be a year and after that nothing can be done?
The government may file a Rule 35(b) motion to reduce sentence for substantial assistance, which can be made within one year of sentencing, or can be made later if the defendant provided assistance to the government within one year of sentencing, but that information did not become useful until one year after sentencing. Ask your husband's attorney to contact the federal prosecutor again to discuss whether a Rule 35(b) motion motion will be filed.
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