TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Reconsideration
5. Filing Deadline
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Modified Sentence
9. Legal Authority
10. Proposed Order
11. Certificate of Service
12. State-Specific Notes

Caption

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION

Motion Header

MOTION TO REDUCE OR CORRECT SENTENCE PURSUANT TO D.C. SUPER. CT. CRIM. R. 35

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court to reduce or correct the sentence imposed in the above-captioned matter pursuant to D.C. Superior Court Criminal Rule 35. In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. DCDC / BOP Register Number: [________________________________]

3. Date of Original Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Sentence Imposed: [________________________________]

7. Consecutive or Concurrent: [________________________________]

8. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ Nolo Contendere

9. Plea Agreement: ☐ Yes — Terms: [________________________________] ☐ No

10. Direct Appeal Filed: ☐ Yes — Case No.: [________________________________] ☐ No

11. Age at Time of Offense: [________________________________]

Grounds for Sentence Reconsideration

Defendant respectfully requests reduction or correction of the sentence on the following grounds:

☐ A. Illegal Sentence (Rule 35(a))
The sentence imposed is illegal because: [________________________________]

☐ B. Reduction of Sentence (Rule 35(b))
The sentence should be reduced because: [________________________________]

☐ C. New Information Unavailable at Sentencing
Since sentencing, new information has become available: [________________________________]

☐ D. Changed Circumstances
Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ E. Demonstrated Rehabilitation
Defendant has demonstrated substantial rehabilitation: [________________________________]

☐ F. Disproportionate Sentence
The sentence is disproportionate to the offense: [________________________________]

☐ G. Sentencing Error or Reliance on Incorrect Information
The Court relied upon materially inaccurate information at sentencing: [________________________________]

☐ H. Cooperation with Law Enforcement
Defendant has provided substantial cooperation to law enforcement: [________________________________]

☐ I. IRAA Eligibility (D.C. Code § 24-403.03)
Defendant was under 25 years of age at the time of the offense and has served at least 15 years of incarceration: [________________________________]

☐ J. Compassionate Release (D.C. Code § 24-403.04)
Extraordinary and compelling reasons warrant sentence reduction: [________________________________]

Filing Deadline

This motion is timely filed because: [________________________________]

Mitigating Factors

Defendant respectfully asks the Court to consider the following mitigating factors:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's limited or no prior criminal history: [________________________________]

☐ Defendant's mental health history or diagnosis: [________________________________]

☐ Defendant's substance abuse history and treatment: [________________________________]

☐ Defendant's role in the offense was minor: [________________________________]

☐ Defendant's family responsibilities and dependents: [________________________________]

☐ Defendant's employment history and potential: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ Impact of incarceration on defendant's community ties: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation:

☐ Educational programs and degrees completed: [________________________________]

☐ Vocational training and certifications: [________________________________]

☐ Substance abuse treatment programs: [________________________________]

☐ Disciplinary record while incarcerated: [________________________________]

☐ Community service and mentoring activities: [________________________________]

☐ Letters of support from: [________________________________]

☐ Reentry plan upon release: [________________________________]

☐ Risk assessment results: [________________________________]

☐ Other rehabilitative accomplishments: [________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

Justification for proposed modification: [________________________________]

Legal Authority

1. D.C. Super. Ct. Crim. R. 35 — Provides for correction of an illegal sentence at any time and reduction of sentence within specified time limits.

2. D.C. Code § 23-110 — Authorizes collateral attacks on sentences imposed by the D.C. Superior Court.

3. D.C. Code § 24-403.03 (IRAA) — Permits sentence modification for individuals sentenced for offenses committed before age 25 who have served at least 15 years.

4. D.C. Code § 24-403.04 — Provides for compassionate release in extraordinary and compelling circumstances.

5. D.C. Code § 24-403.01 — Establishes the sentencing authority and structure for D.C. offenses.

6. Additional Authority: [________________________________]

Proposed Order

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION

ORDER ON MOTION TO REDUCE / CORRECT SENTENCE

This matter having come before the Court on Defendant's Motion to Reduce or Correct Sentence, and the Court having considered the motion, the record, and the arguments of counsel:

IT IS HEREBY ORDERED that:

☐ The Defendant's Motion is GRANTED. The sentence previously imposed on [__/__/____] is hereby modified as follows: [________________________________]

☐ The Defendant's Motion is GRANTED IN PART. The sentence is modified as follows: [________________________________]

☐ The Defendant's Motion is DENIED.

☐ A hearing on this matter is set for [__/__/____] at [____] a.m./p.m.

SO ORDERED this [____] day of [________________], [________].

_________________________________________
Hon. [________________________________]
Associate Judge, Superior Court

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion to Reduce or Correct Sentence was served upon:

Office of the United States Attorney for the District of Columbia / Office of the Attorney General for the District of Columbia
[________________________________]
[________________________________]
[________________________________]

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (CaseFileXpress)
☐ Facsimile

_________________________________________
[________________________________]
Attorney for Defendant
D.C. Bar No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Distinction from Direct Appeal:
A Rule 35 motion addresses the sentence itself, not trial errors. Direct appeals in D.C. are taken to the D.C. Court of Appeals. A § 23-110 motion is similar to a federal habeas petition and addresses constitutional violations in the conviction or sentencing process.

Incarceration Reduction Amendment Act (IRAA):
The IRAA (D.C. Code § 24-403.03) is a significant avenue for sentence reduction in D.C. It applies to individuals who committed offenses before age 25 and have served at least 15 years. The D.C. Council has periodically amended the IRAA — practitioners should verify the current age and time-served thresholds.

Compassionate Release:
D.C. Code § 24-403.04 provides for compassionate release based on extraordinary and compelling reasons, including terminal illness, debilitating medical conditions, or advanced age.

Federal vs. D.C. Code Offenses:
Some defendants in D.C. Superior Court are sentenced under federal law rather than D.C. Code provisions. The applicable rules and remedies may differ. Defendants sentenced under the D.C. Code may have access to IRAA and other D.C.-specific remedies not available for federal offenses.

Retroactive Sentencing Changes:
The D.C. Council has enacted several retroactive sentencing reforms. Defendants should evaluate whether changes to the D.C. Sentencing Guidelines or statutory penalties may apply to their case.