How it works
- §5K1.1 motion: on the government's motion stating that the defendant provided substantial assistance, the court may sentence below the guideline range.
- 18 U.S.C. §3553(e) motion: allows a sentence below a statutory mandatory minimum.
- Rule 35(b): a similar reduction after sentencing, for help given later.
The court decides how large a reduction to give, considering the significance and usefulness of the help, its truthfulness and completeness, its nature and extent, any danger or injury to the defendant or family, and its timeliness (§5K1.1(a)).
Cooperation is not the safety valve
The safety valve requires only telling the government everything about one's own offense, and the judge decides whether it applies. Substantial assistance requires help against others, and only the government can file the motion. A calculator cannot predict a cooperation reduction, which is why this tool shows the range before any such motion.
Frequently asked questions
How much time does cooperating take off a federal sentence?
There is no fixed amount. The court decides, based on the factors in §5K1.1(a). Reductions vary widely by case and district.
Can a judge reduce a sentence for cooperation without a government motion?
Not under §5K1.1 or §3553(e); both require the government's motion. A judge can still consider cooperation among the §3553(a) factors when choosing a sentence within or outside the range.
More guides
- How federal sentencing works
- The federal sentencing table
- Criminal history points and categories
- Acceptance of responsibility
- The zero-point offender reduction
- The safety valve
- Open the calculatorAll 150 federal offenses