Amendment 821: What You Need to Know About the Changes

There’s a new amendment to the federal sentencing guidelines called Amendment 821, which could have a big impact on federal sentencing guidelines. This amendment, set to go into effect February 1st, 2024, could potentially reduce prison sentences for some people convicted of federal crimes. Here’s an overview of what Amendment 821 is all about and what it could mean for people facing federal charges or already serving federal prison sentences.

What Does Amendment 821 Do?

Amendment 821 makes several changes to the way criminal history points are calculated under federal sentencing guidelines. It limits the effect of older convictions on sentencing and gives judges more discretion to reduce sentences for people with minimal criminal records.

The amendment has two main parts:

• Part A reduces how much weight is given to older convictions when calculating a defendant’s criminal history score.
• Part B allows judges to depart downward from the guidelines if they determine the calculated range overstates the seriousness of the offense.

The people who stand to benefit the most from Amendment 821 are those with minimal criminal histories who are facing federal charges for low-level drug crimes or non-violent offenses. First-time offenders and those with only minor records could see their guideline ranges reduced under the amendment. However, violent offenders and career criminals are unlikely to receive any sentencing breaks.

Why Was Amendment 821 Passed?

The U.S. Sentencing Commission, which is responsible for the federal sentencing guidelines, passed Amendment 821 in an effort to make the guidelines less complicated and more fair. They determined the old rules sometimes resulted in excessive sentences for those with dated, minor convictions.

The Commission decided the old rules were too harsh for folks with minor records, so Amendment 821 gives judges more discretion to go lower. It allows them to take into account how long ago a prior conviction happened and how serious it was compared to the current offense.

What Are the Main Concerns About Amendment 821?

While many see Amendment 821 as a positive reform, some have voiced concerns:

• Prosecutors worry it could lead to overly lenient sentences for some offenders.
• Victims’ rights advocates argue it discounts the significance of prior convictions.
• Critics argue Amendment 821 should have addressed mandatory minimums and other reforms to make a bigger difference.

There are also concerns about putting more people back on the streets who could reoffend. However, supporters point out judges will still have discretion to give appropriate sentences based on public safety risks.

How Does Retroactivity Work with Amendment 821?

In addition to applying to future cases, Amendment 821 will also apply retroactively. This means some prisoners already serving time under the old guidelines may be eligible for sentence reductions.

However, retroactivity has limits. The Commission specified only certain parts of Amendment 821 can be applied retroactively:

• Part A, reducing impact of older convictions, can be applied retroactively.
• Part B, allowing downward departures, applies only prospectively not retroactively.

Prisoners will have to petition courts to get retroactive relief under Amendment 821. If eligible, their sentences could potentially be reduced beginning February 1, 2024.

Who Is Eligible for Retroactive Sentence Reductions?

To get a retroactive sentence reduction under Amendment 821, federal prisoners must meet specific criteria:

• They must already be serving a sentence for an eligible offense committed before November 1, 2023.
• That sentence must have been based on guidelines later amended by Amendment 821.
• They cannot have previously received a sentence reduction under retroactive changes.

Prisoners with extensive criminal histories or those convicted of violent crimes will not be eligible for retroactive relief. The benefits focus on those with minimal records sentenced under outdated guidelines.

What Is the Process for Seeking a Retroactive Sentence Reduction?

Prisoners seeking retroactive relief under Amendment 821 must petition the court that originally handled their sentencing. This involves filing a motion explaining how they meet the eligibility criteria.

The judge will then review the motion and make a decision on whether a sentence reduction is appropriate. They will consider factors like criminal history and risk to public safety. There are no guarantees a sentence reduction will be granted.

If the judge does grant a reduction, they have discretion on how much to lower the sentence. It could be a minor or major change, depending on the case circumstances.

What Should I Do If I’m Serving Time and Think I May Be Eligible?

If you are a federal prisoner who thinks you may qualify for a retroactive sentence reduction under Amendment 821, here are some steps to take:

• Review eligibility criteria closely to see if you qualify.
• Speak with your case manager or facility counselor about applying.
• Contact your defense attorney, if possible, to discuss filing a motion.
• You may need to request representation or file pro se if you lack counsel.
• Gather documents related to your case, conviction and sentence.
• Draft a thorough motion clearly explaining how you meet eligibility criteria.

The process will take some time, so start preparing your motion well in advance of the February 2024 effective date. This gives the court adequate time to review your request.

Could Amendment 821 Be Expanded or Changed?

While Amendment 821 represents a significant change, some argue it does not go far enough. There are calls for the Commission to pass additional reforms, such as:

• Expanding retroactivity to include Part B downward departures.
• Increasing judicial discretion to depart from guidelines.
• Limiting the use of acquitted conduct at sentencing.
• Incorporating upcoming changes to how criminal history is calculated.

The Commission is reviewing these issues and could potentially make additional amendments to federal sentencing guidelines and policy statements in the future.

The Bottom Line on Amendment 821

While not perfect, Amendment 821 is seen by many as a step in the right direction to improve fairness in federal sentencing. For prisoners serving time under outdated guidelines, it offers the possibility of getting a second look at overly harsh sentences.

The retroactive application means thousands could potentially see reduced sentences starting in 2024. However, eligibility limitations mean its benefits are narrowly targeted at those with minimal criminal histories.

If you think you may qualify for a retroactive reduction based on Amendment 821, start exploring your options now. Reach out for legal guidance to pursue any avenues for relief under the new changes.