Motion to Reconsider Sentence - District of Columbia
TABLE OF CONTENTS
- Caption
- Motion Header
- Original Sentence Summary
- Grounds for Sentence Reconsideration
- Filing Deadline
- Mitigating Factors
- Rehabilitation Evidence
- Proposed Modified Sentence
- Legal Authority
- Proposed Order
- Certificate of Service
- State-Specific Notes
Caption
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CRIMINAL DIVISION
| UNITED STATES OF AMERICA / | Case No.: [________________________________] |
| DISTRICT OF COLUMBIA, | |
| v. | MOTION TO REDUCE / CORRECT SENTENCE |
| [________________________________], | |
| Defendant. | Judge: Hon. [________________________________] |
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
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Defendant's Name: [________________________________]
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DCDC / BOP Register Number: [________________________________]
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Date of Original Sentencing: [__/__/____]
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Sentencing Judge: Hon. [________________________________]
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Offense(s) of Conviction:
| Count | Offense | D.C. Code Section | Penalty Grade |
|---|---|---|---|
| [____] | [________________________________] | [________________] | [____________] |
| [____] | [________________________________] | [________________] | [____________] |
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Sentence Imposed: [________________________________]
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Consecutive or Concurrent: [________________________________]
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Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ Nolo Contendere
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Plea Agreement: ☐ Yes — Terms: [________________________________] ☐ No
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Direct Appeal Filed: ☐ Yes — Case No.: [________________________________] ☐ No
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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 committed the offense before age 25, was sentenced or committed under a provision listed in § 24-403.03(a)(1), has served at least 15 years, is not a danger to any person or the community, and satisfies the interests-of-justice factors: [________________________________]
☐ J. Compassionate Release (D.C. Code § 24-403.04)
Defendant is not a danger to any other person or the community and qualifies based on [terminal illness / age 60 or older plus at least 20 years served / another statutory extraordinary and compelling reason]: [________________________________]
Filing Deadline
| Procedural Mechanism | Deadline |
|---|---|
| Correction of Illegal Sentence (Rule 35(a)) | At any time |
| Sentence imposed in an illegal manner (Rule 35(a)) | Within Rule 35(b)'s applicable 120-day period |
| Reduction of Sentence (Rule 35(b)) | No later than 120 days after oral imposition or probation revocation, receipt of the specified appellate mandate, or entry of the specified Supreme Court order or judgment |
| § 23-110 Motion | May be made at any time; delay can support dismissal only under § 23-110(b)(2)'s material-prejudice and diligence rules |
| IRAA Motion (§ 24-403.03) | After at least 15 years served, for a qualifying sentence or commitment and offense committed before age 25; danger and interests-of-justice findings also required |
| Compassionate Release (§ 24-403.04) | The section states no filing deadline; statutory movant, eligibility, and no-danger requirements control |
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:
| Element | Current Sentence | Proposed Sentence |
|---|---|---|
| Term of Imprisonment | [________________] | [________________] |
| Supervised Release | [________________] | [________________] |
| Consecutive/Concurrent | [________________] | [________________] |
| Conditions | [________________] | [________________] |
Justification for proposed modification: [________________________________]
Legal Authority
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D.C. Super. Ct. Crim. R. 35 — Provides for correction of an illegal sentence at any time, correction of a sentence imposed in an illegal manner within the applicable period, and discretionary reduction on one of the rule's 120-day triggers.
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D.C. Code § 23-110 — Authorizes collateral attacks on sentences imposed by the D.C. Superior Court.
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D.C. Code § 24-403.03 (IRAA) — Requires a qualifying sentence or commitment, an offense committed before age 25, at least 15 years served, consideration of statutory factors, and findings addressing danger and the interests of justice.
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D.C. Code § 24-403.04 — Provides a separate compassionate-release route with specified movants, eligibility categories, and a no-danger finding.
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D.C. Code § 24-403.01 — Establishes the sentencing authority and structure for D.C. offenses.
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Additional Authority: [________________________________]
Proposed Order
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CRIMINAL DIVISION
| UNITED STATES OF AMERICA / DISTRICT OF COLUMBIA, | Case No.: [________________________________] |
| v. | |
| [________________________________], Defendant. |
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.
About this template
- Last updated
- August 16, 2026
- Jurisdiction
- District of Columbia
- Category
- Criminal Law
Legal authority
- D.C. Super. Ct. Crim. R. 35 (Correcting or Reducing a Sentence)
- D.C. Code § 23-110 (Collateral Attack on Sentence)
- D.C. Code § 24-403.03 (Incarceration Reduction Amendment Act — IRAA)
- D.C. Code § 24-403.04 (Compassionate Release)
- D.C. Code § 24-403.01 (Sentencing Authority)
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
D.C. Super. Ct. Crim. R. 35(a)-(c) (checked August 16, 2026): "The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence. A motion to reduce a sentence may be made not later than 120 days after the sentence is imposed or probation is revoked, or not later than 120 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or not later than 120 days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction or probation revocation. For purposes of this rule, a sentence is imposed when it is orally announced."
D.C. Code § 23-110(a)-(b) (checked August 16, 2026): "A prisoner in custody under sentence of the Superior Court claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution of the United States or the laws of the District of Columbia, the court was without jurisdiction to impose the sentence, the sentence was in excess of the maximum authorized by law, or the sentence is otherwise subject to collateral attack, may move the court to vacate, set aside, or correct the sentence. A motion for such relief may be made at any time. A motion for such relief may be dismissed if the government demonstrates that it has been materially prejudiced in its ability to respond to the motion by the delay in its filing, unless the movant shows that the motion is based on grounds which the movant could not have raised by the exercise of reasonable diligence before the circumstances prejudicial to the government occurred."
D.C. Code § 24-403.03(a)-(b) (checked August 16, 2026): "The court shall reduce a term of imprisonment imposed upon a defendant for an offense committed before the defendant's 25th birthday if the defendant was sentenced pursuant to § 24-403 or § 24-403.01, or was committed pursuant to § 24-903, and has served at least 15 years in prison; and the court finds, after considering the factors set forth in subsection (c), that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification. The application shall be in the form of a motion to reduce the sentence. The application shall be filed with the sentencing court and a copy shall be served on the United States Attorney."
D.C. Code § 24-403.04(a)-(c) (checked August 16, 2026): "The court shall modify a term of imprisonment imposed upon a defendant if it determines the defendant is not a danger to the safety of any other person or the community and the defendant has a terminal illness, the defendant is 60 years of age or older and has served at least 20 years in prison, or other extraordinary and compelling reasons warrant such a modification. Motions brought pursuant to this section may be brought by the United States Attorney's Office for the District of Columbia, the Bureau of Prisons, the United States Parole Commission, or the defendant. Although a hearing is not required, to provide for timely review of a motion made pursuant to this section and at the request of counsel for the defendant, the court may waive the appearance of a defendant currently held in the custody of the Bureau of Prisons."
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