Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Original Sentence Summary
3. Grounds for Reconsideration
4. Filing Deadline Compliance
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Sentence Modification
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. Maine Practice Notes

Caption

STATE OF MAINE
[________________________________] UNIFIED CRIMINAL COURT
[________________________________] COUNTY

MOTION FOR REDUCTION OF SENTENCE

Now comes the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Maine Rule of Unified Criminal Procedure 35(b), respectfully moves this Court to reduce the sentence imposed on [DATE OF SENTENCING: __/__/____], and in support thereof states as follows:

Original Sentence Summary

1. On [DATE OF PLEA/VERDICT: __/__/____], the Defendant was [convicted after jury trial / convicted after bench trial / entered a plea of guilty / entered a plea of nolo contendere] of the following offense(s):

2. On [DATE OF SENTENCING: __/__/____], this Court imposed the following sentence:

• [________________________________]
• [________________________________]
• [________________________________]

3. The statutory sentencing range for the offense(s) is:

• Count [____]: [________________________________]
• Count [____]: [________________________________]

4. The total effective sentence imposed is [________________________________].

Grounds for Reconsideration

The Defendant respectfully requests that this Court reduce the sentence on the following grounds:

☐ A. The sentence is disproportionate to the offense and the Defendant's circumstances. The sentence imposed is more severe than necessary to achieve the purposes of sentencing under Maine law.

☐ B. The Court did not fully consider relevant mitigating circumstances at the time of sentencing. Specifically: [________________________________]

☐ C. New information has become available since sentencing. The following material information was not available at the time of sentencing:

• [________________________________]

☐ D. The Defendant has demonstrated significant rehabilitation since sentencing, warranting a reduction. See Rehabilitation Evidence section below.

☐ E. The sentence is disproportionate compared to co-defendants or similarly situated offenders. Specifically: [________________________________]

☐ F. Changed personal or family circumstances warrant reduction. Since sentencing, the Defendant's circumstances have materially changed: [________________________________]

☐ G. The sentence is illegal or was imposed in an illegal manner and should be corrected under Rule 35(a). Specifically: [________________________________]

☐ H. Other grounds: [________________________________]

Filing Deadline Compliance

This motion is timely filed because:

☐ Rule 35(a) — Correction of illegal sentence: No time limit applies.
☐ Rule 35(b) — Reduction of sentence: This motion is filed within 1 year of the date sentence was imposed on [__/__/____].
☐ Rule 35(b) — Post-appeal: This motion is filed within 1 year of receipt of the appellate court mandate on [__/__/____].

This motion is filed on [__/__/____], which is [____] days after [sentencing / receipt of mandate].

Mitigating Factors

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

☐ Limited or no prior criminal history.
☐ The offense was committed under circumstances unlikely to recur.
☐ Defendant acted under duress or coercion.
☐ Defendant played a minor role in the offense.
☐ Mental health conditions: [________________________________]
☐ Substance use disorder and treatment efforts: [________________________________]
☐ Age at the time of the offense: [____]
☐ Primary caregiver responsibilities: [________________________________]
☐ Employment and community ties: [________________________________]
☐ Genuine remorse and acceptance of responsibility.
☐ Cooperation with law enforcement or the State.
☐ Restitution paid or being paid to victim(s).
☐ Medical conditions: [________________________________]
☐ Military service: [________________________________]
☐ Other: [________________________________]

Rehabilitation Evidence

The Defendant submits the following evidence of rehabilitation:

☐ Completion of or enrollment in substance abuse treatment: [________________________________]
☐ Completion of or enrollment in educational programs (including GED): [________________________________]
☐ Completion of or enrollment in vocational training: [________________________________]
☐ Employment or employment prospects: [________________________________]
☐ Community involvement or volunteer work: [________________________________]
☐ Mental health treatment and counseling: [________________________________]
☐ Letters of support from [family / employer / community / treatment providers]: [________________________________]
☐ Clean disciplinary record during incarceration.
☐ Participation in restorative justice programs: [________________________________]
☐ Other: [________________________________]

Proposed Sentence Modification

The Defendant respectfully requests that this Court modify the sentence as follows:

☐ Reduce the committed portion of incarceration from [________________________________] to [________________________________].
☐ Reduce the suspended portion from [________________________________] to [________________________________].
☐ Suspend the remaining uncommitted portion of the sentence.
☐ Reduce the total sentence from [________________________________] to [________________________________].
☐ Modify from consecutive to concurrent sentencing.
☐ Reduce probation period from [________________________________] to [________________________________].
☐ Modify conditions of probation as follows: [________________________________]
☐ Reduce the fine from $[____________] to $[____________].
☐ Other modification: [________________________________]

Legal Authority

1. M.R.U. Crim. P. Rule 35(a) - The court may correct an illegal sentence at any time.

2. M.R.U. Crim. P. Rule 35(b) - The court may reduce a sentence within one year after the sentence is imposed, or within one year after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal.

3. 17-A M.R.S. Section 1502 - Establishes the authorized terms of imprisonment for various classes of crimes in Maine.

4. 17-A M.R.S. Section 1501 - Sets forth the purposes of sentencing, including punishment, deterrence, rehabilitation, and incapacitation.

5. State v. Lewis, 2009 ME 81 - The court has broad discretion in imposing sentences within the statutory range, but must consider all relevant factors.

6. [________________________________]

Proposed Order

ORDER ON MOTION FOR REDUCTION OF SENTENCE

The Court, having considered the Defendant's Motion for Reduction of Sentence filed pursuant to M.R.U. Crim. P. Rule 35, the arguments of counsel, the record, and all relevant factors:

IT IS HEREBY ORDERED that the Motion for Reduction of Sentence is:

☐ GRANTED. The sentence imposed on [__/__/____] is hereby reduced/modified as follows:

[________________________________]

☐ DENIED.

☐ SET FOR HEARING on [__/__/____] at [____] [a.m./p.m.].

Dated: [__/__/____]

___________________________________________
JUSTICE/JUDGE, [________________________________] UNIFIED CRIMINAL COURT

Certificate of Service

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

[DISTRICT ATTORNEY / ASSISTANT DISTRICT ATTORNEY NAME]
Office of the District Attorney
Prosecutorial District [________________________________]
[________________________________]
[________________________________]

☐ By hand delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing
☐ By facsimile to [________________________________]

___________________________________________
[ATTORNEY NAME]
[Maine Bar No.]
Attorney for Defendant
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Maine Practice Notes

One-Year Deadline: Under Rule 35(b), the motion must be filed within one year of sentencing or within one year of receiving the appellate mandate. This deadline is strictly enforced.

Rule 35(a) vs. Rule 35(b): Rule 35(a) (correction of illegal sentence) has no time limit but is narrow in scope — it applies only where the sentence itself is unauthorized by law. Rule 35(b) (reduction) is the broader vehicle for seeking leniency.

Unified Criminal Court: Maine's Unified Criminal Court replaced the former Superior Court and District Court criminal dockets. Ensure the motion is filed in the correct court.

Sentence Review Panel: For sentences of one year or more of imprisonment, Maine provides for sentence review by a three-judge panel under 15 M.R.S. Sections 2141-2157. This is a separate mechanism from a Rule 35 motion.

Victims' Rights: Under 17-A M.R.S. Section 2104, victims have the right to be notified of and heard at resentencing proceedings. Ensure proper notice is given.

Split Sentences: Maine commonly uses "split sentences" (committed time plus suspended time with probation). A Rule 35(b) motion may seek to reduce either the committed or suspended portions.