Does a § 5K1.1 or Rule 35 motion authorize a court to sentence below a mandatory minimum?
Some offenses require a court to impose a sentence that is a least a certain number of years. For example, if a five-year mandatory minimum applies, a court must impose a sentence that is at least five years. A substantial assistance departure motion can give a court the power to impose a sentence as low as probation – but only if the prosecutor gives the court that power under the authority granted it by § 3553(e) of Title 18 of the United States Code.
