Amendment 821 Retroactivity: Achieving the Best Possible Sentence Reduction Outcome

Hey folks! I wanted to write this article to help explain the recent changes to federal sentencing guidelines under Amendment 821 and what it could mean for people currently incarcerated in federal prisons. This stuff can be really confusing, even for lawyers, so I’ll try to break it down in simple terms.

When the Commission changes the guidelines for how federal sentences get calculated, those changes are usually only for future cases. Making a change “retroactive” means it can apply to sentences that were already handed down under the old rules. So people who were sentenced before Amendment 821 took effect could now be eligible for lower sentences based on the new rules. Their cases can get re-opened for what’s called a “sentence reduction order.”

What Does Amendment 821 Change?

The main thing it does is reduce how much someone’s criminal history counts against them when determining their guideline range. The Commission decided that some of the old rules were too harsh and not as good at predicting whether someone will re-offend.

For example, under the old rules you could get a higher sentence just for committing an offense while you were on probation, even if the offense was really minor. The new rules in Amendment 821 change that so minor offenses don’t count as much.

There are also changes about how much time has to pass before old convictions won’t count against you anymore. And they reduced the penalty for certain other things in your criminal history that used to increase your sentence.

Overall the impact is to reduce sentences for people whose criminal history score was a big factor in their guideline range. The Commission estimates over 10,000 people could see lower ranges if Amendment 821 is applied retroactively to their case.

How Much Could Sentences Be Reduced?

The average reduction is estimated to be around 15 months for people eligible for retroactive relief under Amendment 821. But some people could see even bigger drops in their guideline range depending on their specific criminal history and other factors.

Even a year less in prison can make a huge difference in someone’s life. It allows them to reunite with family sooner, reduces the disruption to their career, and gets them back on their feet faster. For non-violent offenders especially, shorter sentences can help reduce recidivism rates and improve outcomes after release.

What’s the Process for Seeking a Sentence Reduction?

The process will start on February 1, 2024 when Amendment 821 retroactivity goes into effect. At that point, federal inmates can file a motion with the sentencing court asking for their case to be reviewed based on the change in guidelines.

The judge will take another look at the criminal history calculation and applicable range under Amendment 821. If the range comes out lower, they have discretion to reduce the original sentence accordingly. They’ll take into account things like the person’s behavior in prison and participation in rehabilitation programs.

It’s important to have an experienced federal criminal defense lawyer assist with the motion and represent you at any hearings. A good lawyer can effectively argue why you deserve the lower sentence and address any opposition from the prosecution.

What Are Some Potential Roadblocks?

First, a judge isn’t required to reduce a sentence even if the new guideline range is lower. But most judges will at least consider it seriously, especially if the difference is significant. Having a lawyer make a compelling case increases the odds of success.

Second, some inmates may be excluded from retroactive relief based on their criminal history. The exclusions are fairly limited though. For example, if you have prior convictions for certain more serious offenses like murder, sex crimes, or terrorism.

The burden is on the prosecution to prove an exclusion applies. If they can’t, then you should still be eligible for consideration based on the changed guidelines in Amendment 821.

Start Preparing Your Case Now

Don’t wait until February 2024 to start thinking about Amendment 821 retroactivity. The process will likely ramp up quickly once the effective date hits. You want to be ready to file your motion right away.

Use this time to collect records, reach out to potential witnesses, and research programs or achievements in prison that could help demonstrate your rehabilitation. Having all that packaged up will make your lawyer’s job easier and your motion more persuasive.

This is a great opportunity if you or a loved one is serving a federal sentence that could be impacted by Amendment 821. But you have to be strategic and proactive to maximize the chance for a positive outcome. Consult with an experienced federal criminal defense attorney as soon as possible to get the process started.