An Introduction to Amendment 821 for Reduced Drug Sentences

An Introduction to Amendment 821 for Reduced Drug Sentences

The United States Sentencing Commission recently passed Amendment 821, which could allow some people convicted of federal drug crimes to get their prison sentences reduced. This amendment has been a long time coming and could really help a lot of non-violent drug offenders who received unfairly harsh sentences. Let’s take a look at what Amendment 821 actually does, who it could help, and how to go about trying to get a sentence reduction under the new rules.

What Does Amendment 821 Do?

Amendment 821 makes two main changes to the sentencing guidelines for federal drug crimes:

• It reduces the impact of “status points” for someone’s criminal history when determining their guideline range
• It allows judges to go below the guideline range for certain non-violent drug offenders with minimal criminal histories

Let’s break these down one by one.

Reducing Status Points

Under the sentencing guidelines, a defendant’s criminal history category is a major factor in determining their final guideline range. The more past convictions someone has, the more “status points” they get, and the higher their criminal history category. Amendment 821 reduces the impact of status points so that someone’s criminal history category won’t go up quite as fast just for having prior convictions. This could especially help people who have longer criminal records due solely to non-violent drug possession charges.

Going Below the Guideline Range

The other major change is that Amendment 821 allows judges to go below the guideline range for certain drug offenders who have minimal criminal histories and meet other criteria. This gives judges more flexibility to issue shorter sentences for low-level drug crimes when appropriate. Defendants will have to meet certain requirements, like:

• Having only 0-1 criminal history points under the revised status points rules
• No prior violent offenses or sex offenses
• No weapons involved in the current offense
• No leadership role in a drug trafficking organization

If defendants meet these and other requirements laid out in the amendment, judges will now have the option to sentence them below the guideline range. This is a major change, since previously judges could only go below the guidelines in very rare circumstances.

Who Could Benefit from Amendment 821?

The people who stand to benefit the most from Amendment 821 are non-violent drug offenders with minimal criminal histories – especially those serving long sentences for low-level drug crimes. This includes:

• First-time offenders
• People with only minor prior records
• People serving mandatory minimums or guideline sentences for small drug amounts
• Defendants who played minor roles in drug conspiracies

Violent criminals and drug kingpins are unlikely to receive any sentencing breaks under Amendment 821. But thousands of low-level drug offenders could potentially get their sentences reduced by years.

The Sentencing Commission estimates around 11,500 currently incarcerated individuals may see lower guideline ranges under Amendment 821. But meeting the requirements doesn’t automatically guarantee a reduced sentence. It will be up to judges to decide whether to actually lower sentences for eligible defendants.

How to Get a Sentence Reduction Under Amendment 821

For people currently serving federal prison sentences, the process for seeking a sentence reduction under Amendment 821 will start on November 1, 2023. That’s when the amendment finally goes into effect, assuming Congress doesn’t act to stop or change it first. Starting on November 1, defendants can file petitions and motions asking the court to reduce their sentences under the new rules.

The process works like this:

1. File a motion for a sentencing reduction once Amendment 821 goes into effect on November 1, 2023
2. The judge reviews the motion and decides if you are eligible
3. If you are eligible, the judge holds a resentencing hearing
4. At the hearing, the judge decides whether to actually reduce your sentence or not

Even if you are eligible under Amendment 821, the judge still has the discretion to deny a sentence reduction or only lower your sentence by a small amount. But the amendment at least gives you a chance.

For people facing federal charges but not yet sentenced, Amendment 821 could impact the initial sentence you receive. When calculating guideline ranges, judges will apply the new rules reducing status points and allowing departures for certain low-level drug crimes. This could result in a lower sentencing range right from the start.

If you think you may be eligible for a reduced sentence under Amendment 821, be sure to discuss it with your defense attorney. A knowledgeable federal criminal defense lawyer can:

• Determine your eligibility for a reduced sentence
• File the necessary motions and petitions
• Represent you at resentencing hearings
• Present arguments for the lowest possible sentence

The Importance of Amendment 821

The passage of Amendment 821 represents an important step toward reforming the criminal justice system and reducing mass incarceration. For decades, thousands of low-level drug offenders have received overly punitive mandatory minimum sentences. Amendment 821 finally gives judges more discretion to issue fair sentences that fit the crime.

While Amendment 821 won’t fix all of the problems with federal drug sentencing, it’s a move in the right direction. Going forward, even more reforms are needed to reduce reliance on mandatory minimums and make sentencing fairer overall. But for now, Amendment 821 offers new hope and a chance at freedom for thousands of non-violent offenders serving unjustly long sentences.

References

Here are some useful references where you can learn more about Amendment 821:

• United States Sentencing Commission press release on Amendment 821
• Article on sentence reductions under Amendment 821
• Overview of Amendment 821 from federal criminal defense lawyers
• Information on Amendment 821 sentence reductions
• Article on post-conviction relief under Amendment 821
• US Sentencing Commission report on mandatory minimums