Meeting the Criteria: Eligibility for Amendment 821 Retroactive Sentence Reductions

So you or your loved one is currently serving time in federal prison and you heard about this new thing called Amendment 821 that could potentially reduce sentences for some folks retroactively. That sounds great, but how do you know if you’re actually eligible? Let’s break it down so you understand exactly what this is all about.

What is Amendment 821?

Okay, first things first – what is this Amendment 821 thing anyways? Well, back in April 2023, the U.S. Sentencing Commission passed something called the 2023 Criminal History Amendment, which changed some of the rules about how criminal history affects sentencing guidelines for federal crimes. Specifically, Amendment 821 modified things in two main ways:

• Part A changed how criminal history points are calculated under Section 4A1.1 of the guidelines.
• Part B created a new Chapter Four provision, Section 4C1.1, that reduces sentences for defendants with very minimal criminal history.

The main impact of these changes is to reduce sentences for some drug offenses and other crimes by lowering the sentencing ranges recommended in the guidelines. So Amendment 821 = reduced sentences for some folks. Got it? Good.

Who is eligible for a retroactive reduction?

Now, here’s where the retroactive part comes in. Normally when the sentencing guidelines change, it only applies to future cases – people sentenced after the change goes into effect. But Amendment 821 was made retroactive, meaning some prisoners already serving time can get their sentences reduced under the new rules. Exciting right? But don’t get your hopes up too fast, cuz there are specific criteria you gotta meet to qualify for one of these retroactive sentence reductions. Let’s go through them:

• You must have been sentenced based on the old sentencing guidelines before Amendment 821 took effect.
• Your original sentence has to be longer than what the new guidelines would recommend under Amendment 821.
• You can’t have any disqualifying factors like being classified as a career offender or having an aggravated role in the offense.
• You have to have filed an application and gotten approved for the reduction by a federal judge.

Seems simple enough, but it gets a little more complicated when we dig into the details. Let’s break it down step-by-step so you know exactly what you or your loved one needs to qualify.

Step 1: You must have been sentenced before February 1, 2024

The first requirement is pretty straight-forward – you had to have been sentenced before February 1, 2024 in order to be eligible for a retroactive reduction under Amendment 821. This date is when the changes officially go into effect. So if you’re sentenced after that, you just get the benefit of the reduced guidelines automatically as part of your initial sentence. No need to apply for anything retroactively.

But if you were sentenced before 2/1/2024, then you may potentially get a reduced sentence under the retroactive part of Amendment 821. The key is that your original sentence has to have been based on the old pre-amendment guidelines. If you were already sentenced under the new rules, then you wouldn’t qualify for a further reduction.

Step 2: Your original sentence must be longer than the new guideline range

Okay, so you meet the first requirement – your sentencing happened before February 2024 under the old guidelines. Now we have to look at whether your original sentence would actually change under the new Amendment 821 rules.

This involves looking at how your criminal history points were calculated at your initial sentencing, and seeing if the changes in Amendment 821 would have placed you in a lower criminal history category or given you a lower sentencing range. The Sentencing Commission estimates that around 11,500 currently incarcerated individuals will have a lower guideline range under the retroactive application of Amendment 821, with an average reduction of 14 months.

But just because Amendment 821 reduced sentences for some offenses doesn’t mean everyone will see a change. You or your lawyer will have to carefully review the criminal history points calculation and the sentencing report from your original sentencing to determine if the new guidelines would have made a difference in your range and sentence length. If your original sentence is already at the low end or below the new guideline range, you probably won’t qualify for a further reduction.

Step 3: You can’t have any disqualifying factors

Okay, so your sentencing checks out – it happened before February 2024 and your original sentence is longer than what the new guidelines would recommend. But we still have to make sure you don’t have any disqualifying factors that would exclude you from retroactive relief under Amendment 821.

The main disqualifiers are:

• Career Offender Status: If you were sentenced as a “career offender” under Section 4B1.1, you are not eligible for a reduction based on Amendment 821.
• Crime of Violence: If your offense was a “crime of violence” under Section 4B1.2, you are excluded.
• Aggravating Role: If you received an offense level enhancement for an aggravating role (leader, organizer, etc) under Section 3B1.1, you are disqualified.

So even if you otherwise meet the criteria, if you have one of these disqualifying factors, you are out of luck as far as getting a retroactive sentence reduction under Amendment 821. Make sure to double check your sentencing documents or consult your lawyer to see if any of these apply to you.

Step 4: You must apply and get approved for the reduction

Alright, this is the last hoop to jump through – you actually have to file an application or motion requesting the retroactive sentence reduction, and get approved by the judge. Even if you meet all the criteria on paper, nothing will happen automatically – you or your lawyer have to take action to get the ball rolling.

The process involves filing a form motion explaining how you meet the eligibility criteria in Steps 1-3, and asking the judge to exercise their authority to reduce your sentence under Amendment 821. The judge will then review your motion and make a decision whether to approve you for a reduction or not. There are no guarantees even if you are eligible.

The judge may consider other factors like your behavior in prison when deciding whether to grant a reduction. So be sure to highlight any evidence of rehabilitation or good conduct in your application. And if you get denied, you can file an appeal – though very few are successful. So getting the application right the first time is key.

When can I apply for a reduction?

The last key detail is that federal judges are not allowed to start granting sentence reductions under Amendment 821 until February 1, 2024. Even if you are eligible and file a motion today, it can’t be approved until after that date. This was intended to give the courts time to prepare for the expected influx of retroactive reduction applications.

So in summary – if you meet all the eligibility criteria, the soonest you could get an approved reduction order would be February 2024. Make sure to consult with an experienced federal criminal defense lawyer to navigate this complex process and maximize your chances. It can make all the difference.

Conclusion

Phew, that was a lot of information! But now you should have a solid understanding of how eligibility for retroactive sentence reductions under Amendment 821 works. The key takeaways are:

• You must have been sentenced before Feb 1, 2024 under old guidelines
• Your original sentence has to be longer than the new guideline range
• You can’t have any disqualifying factors like career offender status
• You have to file a motion and get approved for the reduction by a federal judge

If you meet all these criteria, you may qualify for a reduced sentenced under Amendment 821’s retroactive provisions. But the only way to know for sure is to consult with a lawyer experienced in post-conviction relief who can review your case and advise you on the best way to seek a reduction. Don’t leave it to chance – take action now to see if you or your loved one could benefit from this change in the law. Good luck!