Rule 34 — Arresting Judgment

Fed. R. Crim. P. 34

• Source: Federal Rules of Criminal Procedure
• Rule: 34
• TITLE VII: POST–CONVICTION PROCEDURES
• Citation: Fed. R. Crim. P. 34

Text

(a) In General. Upon the defendant’s motion or on its own, the
court must arrest judgment if the court does not have jurisdiction
of the charged offense.
(b) Time to File. The defendant must move to arrest judgment
within 14 days after the court accepts a verdict or finding of
guilty, or after a plea of guilty or nolo contendere.
(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 29, 2002, eff. Dec.
1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009;
Apr. 25, 2014, eff. Dec. 1, 2014.)
. Correcting or Reducing a Sentence
(a) Correcting Clear Error. Within 14 days after sentencing, the
court may correct a sentence that resulted from arithmetical,
technical, or other clear error.
(b) Reducing a Sentence for Substantial Assistance.
(1) In General. Upon the government’s motion made within
one year of sentencing, the court may reduce a sentence if the
defendant, after sentencing, provided substantial assistance in
investigating or prosecuting another person.
(2) Later Motion. Upon the government’s motion made more
than one year after sentencing, the court may reduce a sen-
tence if the defendant’s substantial assistance involved:
(A) information not known to the defendant until one
year or more after sentencing;
(B) information provided by the defendant to the govern-
ment within one year of sentencing, but which did not be-
come useful to the government until more than one year
after sentencing; or
(C) information the usefulness of which could not reason-
ably have been anticipated by the defendant until more
than one year after sentencing and which was promptly
provided to the government after its usefulness was rea-
sonably apparent to the defendant.
(3) Evaluating Substantial Assistance. In evaluating whether
the defendant has provided substantial assistance, the court
may consider the defendant’s presentence assistance.
(4) Below Statutory Minimum. When acting under Rule 35(b),
the court may reduce the sentence to a level below the mini-
mum sentence established by statute.
(c) ‘‘Sentencing’’ Defined. As used in this rule, ‘‘sentencing’’
means the oral announcement of the sentence.

Advisory Committee Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 28, 1983, eff. Aug. 1, 1983; Pub. L. 98–473, title II, §215(b), Oct. 12, 1984, 98 Stat. 2015, eff. Nov. 1, 1987; Apr. 29, 1985, eff. Aug. 1, 1985; Pub. L. 99–570, title I, §1009(a), Oct. 27, 1986, 100 Stat. 3207–8, eff. Nov. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)