The second sentence has been amended to increase the time within which the court may act from 60 days to 120 days. The amendment recognizes the distinction between an illegal sentence, which may be corrected at any time, and a sentence imposed in an illegal manner, and provides a limited time for correcting the latter. 424 (1962) the court held that a motion to correct an illegal sentence was not an appropriate way for a defendant to raise the question whether when he appeared for sentencing the court had afforded him an opportunity to make a statement in his own behalf as required by Rule 32(a). The amendment to the first sentence gives the court power to correct a sentence imposed in an illegal manner within the same time limits as those provided for reducing a sentence. Notes of Advisory Committee on Rules-1966 Amendment The two rules together thus do away with the significance of the expiration of a term of court which has largely become an anachronism. The Federal Rules of Civil Procedure (Rule 6(c)), abolishes the term of court as a time limitation in respect to civil actions. Rule 45(c) abolishes the expiration of a term of court as a time limitation, thereby necessitating the introduction of a specific time limitation as to all proceedings now governed by the term of court as a limitation. The second sentence introduces a flexible time limitation on the power of the court to reduce a sentence, in lieu of the present limitation of the term of court. The first sentence of the rule continues existing law. Notes of Advisory Committee on Rules-1944 As used in this rule, “sentencing” means the oral announcement of the sentence. When acting under Rule 35(b), the court may reduce the sentence to a level below the minimum sentence established by statute. In evaluating whether the defendant has provided substantial assistance, the court may consider the defendant's presentence assistance. (C) information the usefulness of which could not reasonably 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 reasonably apparent to the defendant.
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(B) information provided by the defendant to the government within one year of sentencing, but which did not become useful to the government until more than one year after sentencing or
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(A) information not known to the defendant until one year or more after sentencing Upon the government's motion made more than one year after sentencing, the court may reduce a sentence if the defendant's substantial assistance involved: 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. (b) Reducing a Sentence for Substantial Assistance. Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear error.