Supreme Court Clarifies Standard for Commonwealth Criminal Procedure Rule 35(b)

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Saipan, CNMI – On October 6th, the Supreme Court vacated the lower court’s order denying Peter Rios’ motion for reduction of sentence under Commonwealth Rule of Criminal Procedure Rule 35(b). The Court ordered that, while not required to give a rationale for denying a Rule 35(b) motion, the Superior Court cannot apply an improper legal standard when it chooses to give a rationale.

The Superior Court had applied a standard of whether the original standard was “an illegality or a gross abuse of discretion.” Rule 35(b) presupposes a valid conviction and is meant to provide a way for defendants to ask for leniency. Accordingly, the standard applied by the Superior Court was wrong.

The Supreme Court emphasized that this opinion should not be understood to limit the discretion of the sentencing court in applying the proper standard. The sentencing court has broad discretion in determining when leniency is warranted but it must apply the proper standard when exercising that discretion. 

The Court has ordered that the motion be reconsidered with the proper standard.

The full opinion can be read on the Law Revision Commission website: https://cnmilaw.org/pdf/supreme/2025-MP-07.pdf

2025-PR-012

FOR IMMEDIATE RELEASE

October 6, 2025

This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov