Blog
How to File a Motion for a Sentence Reduction Under Amendment 821 Retroactivity
How to File a Motion for a Sentence Reduction Under Amendment 821 Retroactivity
Hey there! If you or a loved one is currently incarcerated on a federal sentence, you’ve probably heard about Amendment 821 and how it could potentially reduce sentences for some folks. There’s been a lot of buzz about this in the federal prison system. This article will walk you through exactly how the process works and what you need to do to file for a sentence reduction under the retroactive application of Amendment 821. We’ll keep it real simple and conversational here, using plain language that anyone can understand.
First off, what is Amendment 821? This amendment basically changes how a person’s criminal history is calculated when determining their guideline sentence range. It reduces how much someone’s criminal record counts against them. The main thing it does is get rid of those “status points” that people used to get just for being on probation, parole, etc. The U.S. Sentencing Commission passed this amendment earlier in 2023, and it goes into effect for any new cases sentenced after November 1, 2023.
Here’s the game changer though – on August 24, 2023 the Commission voted to apply Amendment 821 retroactively. This means the change can also apply to folks who were already sentenced under the old rules, before November 1, 2023. People currently serving federal prison sentences may now be eligible for sentence reductions!
When Does Retroactivity Take Effect?
Now here’s the catch. The retroactive application of Amendment 821 doesn’t kick in right away on November 1st like it does for new cases. There is a delayed effective date just for retroactivity. The Commission built in some time for the courts and Bureau of Prisons to get prepared for all the motions that are gonna start flooding in. So here’s the timeline:
- November 1, 2023 – Amendment 821 takes effect for any new sentences handed down after this date
- February 1, 2024 – This is when retroactivity kicks in. Eligible inmates can start filing motions for sentence reductions under Amendment 821 as of this date, but not before.
So in a nutshell, if you want to get a sentence reduction under the retroactive application of Amendment 821, you’ll have to wait until February 1, 2024 before you can file your motion. I know, it sucks to have to wait, but them’s the rules unfortunately.
What is Eligibility Based On?
The main thing Amendment 821 does is change how criminal history points are calculated. So generally speaking, you may be eligible for a sentence reduction if:
- You were given criminal history points that would not have counted under the new rules in Amendment 821 (such as points for being on probation, parole, etc.); and
- Eliminating those points lowers your criminal history score enough to also lower your final guideline range.
There’s a little more to it than that, but that’s the basic gist. The court will have to look at the specifics of your case and actually re-calculate your sentence under Amendment 821 to see if it makes you eligible.
What About Prior Sentence Reductions?
Now unfortunately, there are some limits if you already got a sentence reduction in the past under a previous retroactive amendment. You can’t “double dip” so to speak. Let’s break it down:
- If you already got a reduction under the Drugs Minus Two amendment, you can still apply for one under Amendment 821.
- If you already got a reduction under another amendment, you can only apply under Amendment 821 if the first reduction you got was the absolute minimum allowed.
- If you already got the minimum reduction possible under a previous amendment, then you can go ahead and apply for Amendment 821 as well.
I know, it’s kind of complicated. But basically you can’t get multiple sentence reductions unless the first one you got was the bare minimum. The court will look at the details of any prior reductions when deciding if you are still eligible under Amendment 821.
What’s the Process for Filing for a Reduction?
Alright, let’s talk about how to actually file the motion and get the ball rolling. Here are the steps:
- Get your case documents in order – You’ll want your original judgment, plea agreement, sentencing transcripts, etc.
- Calculate your new guideline range – Run the numbers under Amendment 821. The court will verify, but good to do it yourself first.
- Draft your motion – Explain how your criminal history points and guideline range would be different under Amendment 821. Be detailed.
- File with the court – Once you’ve prepared your motion, file it with the same court that handled your original criminal case.
- Wait for a decision – The court will review and rule on your motion. If approved, they will issue a new sentence reduction order.
- If denied, you can appeal – Don’t give up! Talk to an attorney about potentially appealing a denial.
That’s the basic process. Having an attorney helps maximize your chances, but it can be done pro se if you do your homework. Be sure to reference the actual text of Amendment 821 in your motion so the court can see exactly how it applies to your case. The court can’t reduce your sentence unless you specifically show how you are eligible under the retroactive amendment.
When Will Inmates Be Released if Approved?
I know everyone wants to know exactly when they’ll get out if approved. The Commission built in some time before release for planning purposes. Here is when inmates will be released if they get a sentence reduction approved under Amendment 821 retroactivity:
- Earliest release date is February 1, 2024 – Yes, that’s the absolute soonest anyone can get out after being approved.
- Most will be released between Feb 2024 – Feb 2025 – Spreading out releases gives the system time to prepare.
- Some may not be released until their original release date – This is case by case, but they’ll at least know their sentence is reduced.
So in summary, the earliest possible release date under Amendment 821 retroactivity is February 1, 2024. Most approved inmates will get out at some point between February 2024 and February 2025. And some may have to wait on their original release date even if approved, just based on circumstances. The court and BOP coordinate timing of actual release.
What Should You Do Now?
If you think you may be eligible for a sentence reduction under Amendment 821 retroactivity, here are some steps you can take right now to get prepared:
- Start gathering case documents like your judgment, plea agreement, etc.
- Calculate what your new guideline range would be under Amendment 821.
- Begin drafting your motion so it’s ready to file on February 1, 2024.
- Connect with your former defense attorney if possible.
- Discuss with your case manager to see if you’ll need transitional services before release.
The more you can do to prepare now, the smoother and faster the process will be once you are able to file your motion on February 1st. This is truly an amazing opportunity for many inmates to get a second look and potentially shave some time off their sentences. Good luck and let me know if you have any other questions!
– Your Friendly Neighborhood Sentencing Nerd
References
Here are some helpful references used in this article: