21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
Substantial assistance in a possession with intent deliver marijuana case is a serious matter that will have tremendous consequences for you, one way or the other. If you perform well and arrests are made that result in successful prosecutions, your chances of getting a reduced sentence are very great. However, if you violate the terms of your “Queen for a Day” agreement, a number of things can happen:
- Loss of immunity
- Additional charges
- Enhanced sentence
- No 5K1.1 reduction
- No Rule 35 reduction
Prosecutors pay close attention to everything that is said to them in substantial assistance meetings. If they suspect you have been dishonest with them, or worse, manipulative, they will walk away from the table and then punish you for it. The deal will be off and you will have a host of new problems that a criminal attorney may not be able to reverse.
On the other hand, if you do well, prosecutors may recommend a sentence reduction of up to 50% on your possession with intent to distribute marijuana in Miami or Fort Lauderdale.
5K1.1 Sentence Reduction:
Possession with Intent to Distribute Marijuana in Miami or Fort Lauderdale
The U.S. Attorney’s Office for the Southern District of Florida, which includes Miami and Fort Lauderdale, routinely recommend a 33% sentence reduction as when a person provides successful substantial assistance. In cases where a person goes above and beyond and provides exceptional substantial assistance, Federal prosecutors in Miami and Fort Lauderdale can recommend up to a 50% reduction in sentence.
When a person has completed their substantial assistance by the time of sentencing, prosecutors will file a motion with the court pursuant to §5K1.1 of the U.S. Sentencing Guidelines. When this occurs, your judge is given a legal basis to depart from the sentencing guidelines and sentence you below the minimum required for your possession with intent to distribute marijuana.
Explained simply, when a person gets a sentence reduction at the time of sentencing for a possession with intent distribute marijuana, it is done pursuant §5K1.1.
Rule 35 Reduction:
Possession with Intent Distribute Marijuana in Miami or For Lauderdale
While reductions in sentence pursuant to 5K1.1 are very common, there are a number of cases where a person continues to provide substantial assistance beyond the time of sentencing. When this occurs, prosecutors can file a motion for reduced sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure, once the substantial assistance is complete.
For purposes of a reduced sentence in a possession with intent to distribute marijuana case, the effect of a 5K1.1 and a Rule 35 reduction can be the same.
The only difference is when it occurs.
In other words, when a prosecutor motions the court for a reduction in sentence at the time of sentencing, 5K1.1 is used. When a prosecutor motions the court for a reduction in sentence after sentencing, Rule 35 is used.
In some possession with intent to distribute marijuana cases, a person may get the benefit of a 5K1.1 reduction and a Rule 35 reduction. This happens when a person performs additional substantial assistance after they were already sentenced. In most cases, the additional substantial assistance relates to something new that was not contemplated at the time of the original 5K1.1 motion. For instance, a person might go to prison and learn of a prison based drug ring. By providing substantial assistance in the new situation, a person may get an extra reduction.