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Amendment 821 Retroactivity: Understanding the Expected Pace of Sentence Reductions
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Amendment 821 Retroactivity: Understanding the Expected Pace of Sentence Reductions
Hey there! 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 Do?
The main things Amendment 821 changes are:
- Gets rid of extra “status points” for things like being on probation, parole, work release, etc. when the crime was committed. Those extra points won’t count anymore.
- Limits how far back old sentences count for points. For example, if a sentence was more than 15 years ago, it won’t add criminal history points.
- Caps the total points someone can get at 10 no matter how many old convictions they have. Before it was unlimited.
So in simple terms, Amendment 821 removes some ways people could rack up extra criminal history points under the old rules. And it puts a limit on total points from older convictions.
This matters because your criminal history category is based on your total points. The higher your criminal history category, the longer your sentence will be. Amendment 821 means some people’s criminal history score will go down, moving them into a lower category.
Who Is Eligible for Retroactive Sentence Reductions?
The Commission estimates around 11,500 federal inmates will have a lower guideline range because of the changes to status points. About 7,300 will have a lower range from the limit on older convictions. There’s probably some overlap between those groups.
To be eligible, your sentence needs to have been final before November 1, 2023 when Amendment 821 took effect. You also have to have been assigned status points, or have convictions over 15 years old that counted against you at sentencing.
However, some inmates won’t benefit even if they qualify. For example, if you got a mandatory minimum sentence required by law. Or if your sentence was already below the new guideline range. The reduction can’t take you below the minimum or below the original sentence whichever is greater.
When Will Retroactive Sentence Reductions Start?
The Commission says federal judges can start processing sentence reduction orders on February 1, 2024. They have to wait at least 180 days after November 1, 2023 when the changes took effect.
Even then, it will take a while for all the eligible cases to get through the system. Judges have to review pre-sentence reports, calculate new guidelines ranges, hold hearings in some cases, and issue orders. With around 18,800 inmates potentially eligible, this will likely take months or years to complete depending on how quickly courts process the workload.
What Should I Do If I’m Eligible?
Unfortunately, there isn’t much you can do to speed up the process. The court has to initiate reviewing your case – you can’t apply directly for a reduction.
Some tips if you think you might be eligible:
- Make sure your facility has your current address and contact info so they can reach you.
- If you have a lawyer, contact them to discuss your eligibility and if they can check on the status.
- Be patient as courts will be flooded with these types of requests. It may take a year or more to get a decision.
- Start preparing for release just in case by lining up housing, employment, and other support services.
What’s Next?
While this retroactive change is good news for many inmates and their families, some advocates say Amendment 821 doesn’t go far enough. The sentencing guidelines are still too harsh and punish low-level crimes too severely, critics argue. They want broader reforms to reduce mass incarceration and racial disparities in the federal system.
But the Commission feels Amendment 821 strikes the right balance for now. We’ll have to wait and see how the retroactive sentence reductions play out. And monitor whether courts think more changes are needed down the road.
The bottom line is Amendment 821 retroactivity will hopefully let some inmates get a second chance after serving lengthy sentences under outdated rules. For people stuck in prison under unfair guidelines, even a year or two off can make a huge difference. This brings us one step closer to a more just federal criminal justice system.
References
Understanding Sentence Reduction Orders Under Amendment 821 Retroactivity
“Reader-Friendly” Version of Retroactivity Amendment (Effective November 1, 2023)
August 24, 2023 – United States Sentencing Commission
Retroactivity of Amendment 821 to Federal Sentencing
Sentencing Commission OKs Retroactive Reduction For Many Inmates