Breaking Down the Retroactivity Amendment for Amendment 821

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.

What is Amendment 821?

Amendment 821 is a new part of the sentencing guidelines that lets some federal prisoners get their sentences reduced. It was passed by the U.S. Sentencing Commission in 2023. The main things it does are:

• Gives a lower sentence to people who got criminal history “points” just for being on probation, parole, or supervised release when they committed their crime
• Also gives a lower sentence to people who have no criminal history points at all, if their crime wasn’t too serious

This is supposed to fix cases where the guidelines gave people way too high of sentences compared to what their actual criminal history was.

What does “retroactive” mean?

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.”

Who qualifies for a retroactive reduction?

There’s two main groups who can qualify:

1. People who got extra criminal history points just for being on probation, parole, etc. This is fixing cases where those extra points made their sentence way higher than it should’ve been.
2. People with no criminal history points at all whose crime wasn’t too serious. This covers cases where they still got a long sentence even with no record.

There’s other criteria too. Your lawyer can look at the details in Amendment 821 and see if you’re eligible.

How much could sentences be reduced?

For the first group, getting rid of those extra points could lower sentences by around 18 months on average. For the second group with no record, it could be around 2 years lower.

But it depends on each case – some people might not see any reduction at all if the guidelines change doesn’t impact them much. Others could get decreases of 5+ years if those points really skewed their range.

When does this take effect?

The clock starts ticking on November 1, 2023. That’s when people can start applying for a retroactive reduction under Amendment 821. But any actual sentence decreases won’t happen until February 1, 2024 at the earliest.

So if you might qualify, contact your lawyer now to get the process started. It takes time to put together a strong case showing why your sentence should be lowered.

What’s the process for getting a reduction?

You can’t apply directly – your lawyer has to file a motion on your behalf asking the judge to re-open your case and lower your sentence. They’ll explain how Amendment 821 changes your guideline range.

The prosecutor will probably argue against it, and the judge will decide if you should get a reduction and by how much. It’s not automatic – you have to convince the judge it’s appropriate in your case.

If they rule against you, you can appeal that decision to a higher court. This process can take many months, so patience is key.

Could I get released if I qualify?

If your new sentence is lowered enough, yes there’s a possibility you could be released if you’ve already served your new term. But for many people the reduction will just lower how much longer they have to serve, not lead to immediate release.

What else should I know?

• Get a lawyer’s help – the process is complicated so don’t try filing a motion yourself.
• Be patient – even if you qualify it could be a year or more before your sentence drops.
• Stay disciplinary-free in prison – misconduct issues could hurt your chances with the judge.
• Don’t get your hopes up too high – no one is guaranteed a lower sentence, though many will qualify.
• Start now – talk to your lawyer ASAP to get the ball rolling on your case.

I know this is a lot of info, but I hope it helps explain what’s going on with Amendment 821. Let me know if you have any other questions! This could be a huge opportunity for people to get fairer sentences, so make sure to consult your attorney if you think you might qualify.

References

• Understanding Sentence Reduction Orders Under Amendment 821 Retroactivity
• Understanding the Criteria for a Retroactive Sentence Reduction Under Amendment 821
• Retroactivity of Amendment 821 to Federal Sentencing
• Sentencing Commission OKs Retroactive Reduction For Many Inmates
• “Reader-Friendly” Version of 2023 Adopted Amendments
• SentencingStats.com Uniquely Poised to Assist with Retroactive Application of Amendment 821