Defendants often hope they get a 5k when they are sentenced in Federal Court. A 5k isn’t a race, when you’re talking about Federal Sentencing in US District Court. Instead, a 5k is a specific provision of the Federal Sentencing Guidelines that can sometimes lead to a reduction in your sentence, even below a mandatory minimum sentence.

Section 5k1.1 of the United States Sentencing Guidelines reads, in part, as follows: “Upon motion of the government stating that the defendant has provided substantial assistance in the investigation or prosecution of another person who has committed an offense, the court may depart from the guidelines.” 

What this means is that people who cooperate can have the guidelines for their sentence reduced, which generally should lead to a lower sentence. It requires the Government to agree that a Defendant provided substantial assistance to the Government. This means you have to do more than merely admit to your own guilt, you have to provide additional assistance to the government and your assistance has to be substantial.

A big benefit of § 5k1.1 is that you can get less than a mandatory minimum sentence. For example, if you plead to a charge with a sentence that carries a mandatory minimum of 10 years, and then the government moves for a downward departure under § 5k1.1, and the new guidelines for the sentencing range is less than the mandatory minimum, the Court can give a sentence below the mandatory minimum. This is authorized by 18 U.S. Code § 3553(e), which states: “Upon motion of the Government, the court shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to reflect a defendant’s substantial assistance in the investigation or prosecution of another person who has committed an offense. Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.”

Finding a Federal Criminal Defense lawyer who understands § 5k1.1 of the United States Sentencing Guidelines and 18 U.S. Code § 3553(e) can be helpful with your Federal criminal charges. If you are facing Federal criminal charges, whether it’s wire fraud, mail fraud, healthcare fraud, or some other offense, call today to talk to a Federal criminal defense lawyer.