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5K1 Motion Definition

A 5K1 Motion is a written motion the United States Attorney’s office files with a federal court judge requesting a sentence below the applicable sentencing guidelines because a defendant provided substantial assistance in the prosecution of other individuals.

A 5K1 motion will typically result in a shorter sentence if granted. A defendant can provide substantial assistance by providing helpful information, testifying at grand jury or trial, providing officers with opportunities to collect additional evidence, and more.

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