How to File for a Retroactive Sentence Reduction Under Amendment 821

How to File for a Retroactive Sentence Reduction Under Amendment 821

Hey there! If you’re reading this, you probably heard about the U.S. Sentencing Commission’s recent decision to apply Amendment 821 retroactively. This is a big deal, because it could mean a reduced prison sentence for thousands of people currently incarcerated in the federal system. I know navigating the legal system can be confusing though, so I wanted to write up this guide walking you through the process step-by-step. I’m not a lawyer, but I’ve done a ton of research and talked to some legal experts to figure this all out. Hopefully you find this helpful!

What is Amendment 821?

Ok, first things first – what is this Amendment 821 thing? Basically, it’s a change made by the Sentencing Commission to the sentencing guidelines judges use to determine federal prison sentences. Here’s a quick rundown:

• The amendment creates a new section – 4C1.1 – that gives a 2-level decrease to defendants who get zero criminal history points under the guidelines [2]. This essentially benefits first-time, low-level offenders.
• It also says judges can reduce sentences further if the guidelines range seems excessive compared to the offense. So it allows more flexibility for judges.
• The Commission made this amendment effective November 1, 2023. But they also voted to apply it retroactively back to February 1, 2024 [1].

This is a really big deal, because it means around 11,500 people currently in federal prison could get their sentences reduced by an average of 14 months [2]!

Who is Eligible?

Now you’re probably wondering – does this apply to me? Here are the basic eligibility criteria:

• You must be currently serving a federal prison sentence that was impacted by the old guidelines.
• You need to have a sentencing guideline range that would be lowered under Amendment 821. This mostly benefits first-time offenders.
• You must not be excluded by the limitations in Section 1B1.10 of the guidelines [6]. For example, it does not apply to career offenders.

The best way to know if you qualify is to determine what your sentencing range would have been under the new amendment. If it would be lower, then you may be eligible. I’ll talk more below about how to figure this out.

How Much Could My Sentence Be Reduced?

The amount your sentence could be reduced depends on how much your guideline range changes under Amendment 821. The Commission estimates the average reduction will be 14 months [2]. But it could be more or less than that in your specific case. Here are some factors that impact the amount:

• Defendants with longer original sentences tend to get larger reductions.
• The more your range drops under the amendment, the larger your reduction may be.
• How much time you’ve already served also plays a role.

To figure out your potential reduction, you’ll need to recalculate your guideline range under the new amendment. I’ll explain more on that next.

How to Determine if You Qualify

Figuring out if you qualify and estimating your potential reduction requires looking at the sentencing guidelines. I know, looking at the guidelines makes most people’s eyes glaze over. But stay with me here – I’ll break it down step-by-step:

1. Get a copy of your original Presentence Investigation Report (called a PSR). This has all the info used to calculate your original range.
2. Identify your original base offense level – this will be in Chapter 2 or 3 of the PSR.
3. See if you had any adjustments, like for having a minor role. Those are in Parts A, B, and C of Chapter 3.
4. Add the base offense level and any adjustments to get your total offense level.
5. Look in Chapter 4 of the PSR to see your original criminal history category (I – VI).
6. Use the Sentencing Table in Chapter 5 Part A to see your original guideline range. This is based on your total offense level and criminal history category.
7. Now recalculate your offense level with the 2-level reduction under new section 4C1.1 if you had zero criminal history points.
8. Use the new offense level and original criminal history to find your amended range on the Sentencing Table.
9. Compare the original and amended ranges – if the amended range is lower, then you may qualify for a reduction.

This can be complicated, so don’t hesitate to ask your facility’s education staff for help accessing and understanding your PSR. You can also call the federal public defenders office in your state to see if they can assist you.

How to Apply for a Sentence Reduction

Okay, so you’ve done the math and determined your sentence could be lowered under the retroactive amendment. Awesome! Now let’s talk about how to actually apply and get your sentence reduced.

The application process involves filing a motion with the sentencing court that originally imposed your sentence. Here are the steps:

1. Get your original judgment and commitment order from the court that sentenced you. This has info like your case number which you’ll need.
2. Fill out a Motion for Sentence Reduction under 18 U.S.C. § 3582(c)(2) . Make sure to customize it to note Amendment 821.
3. Attach supporting documents like your original PSR, judgment order, and your guideline recalculation.
4. File the motion with the court that originally sentenced you. Send copies to the probation office and the U.S. Attorney.
5. The court will review your motion and make a decision. There may be a hearing scheduled.
6. If approved, the court will issue an order for your new reduced sentence.

The court has discretion in deciding whether to reduce your sentence and by how much. Having an attorney to represent you can be very helpful, especially if the reduction amount is disputed at all. If you can’t afford a lawyer, contact the federal public defender in your state for possible assistance.

Timing Issues

One complexity with Amendment 821 is that the Commission said courts can’t actually reduce sentences under it until February 1, 2024 or later [2]. This was to give the courts time to process all the applications. So even if you qualify now, the soonest you could get a reduction is February 2024.

The good news is you can submit your application before then – you just can’t get a reduction order until on or after February 1st. So it’s a good idea to get your motion submitted early, so it’s ready to go when the window opens.

Also keep in mind it may take awhile for the court to review and decide on your motion. Especially since so many people will be applying for reductions, there will likely be delays. So having patience and persistence here pays off.

Other Reductions You Can Apply For

Applying for a reduction under Amendment 821 might make you eligible for other sentence reductions too:

• Compassionate release – the change in guidelines may help with a motion for early release based on COVID risks or other reasons .
• Clemency petition – the reduction can demonstrate your rehabilitation and support a petition for presidential clemency .

It’s worth looking into these other options as well if you qualify for an Amendment 821 reduction. Don’t be afraid to explore all avenues for relief!

What Should You Do Now?

If you think you may qualify for a sentence reduction under Amendment 821, here are some steps you can take now while waiting for the application window to open in February 2024:

• Get a copy of your PSR, judgment order, and other case documents.
• Carefully review the documents and guidelines to see if you qualify.
• Start drafting your reduction motion and gathering supporting documents.
• Contact a lawyer to discuss your eligibility and represent you.
• Take vocational, educational, or rehabilitation programs to demonstrate your progress.
• Discuss the reduction with your case manager to make release plans.

I know this whole process can seem daunting and complex. But with some research and persistence, getting a sentence reduction under Amendment 821 is very possible. Don’t be afraid to ask for help from legal aid organizations, advocates, or even your facility’s education staff. We’re all rooting for you! Wishing you the very best of luck.

Let me know if you have any other questions! I’m happy to help explain things more if needed. You got this!