Sentence Reduction Scenarios: How Much Time Could Be Cut Under Amendment 821?

Hey there! If you or a loved one is currently serving time in prison, you may have heard about Amendment 821 and wondered if it could help reduce your sentence. This amendment makes some big changes to sentencing laws, so lots of folks are hoping it could get them out of prison sooner. I totally get that! Prison is rough and you just want your freedom back.

In this article, I’ll walk you through exactly how to figure out if you qualify for a reduced sentence under Amendment 821. I’ll also give some examples of how much time people could potentially get cut from their sentence. Sound good? Let’s dive in!

What Does Amendment 821 Do?

Ok, first things first – what the heck is Amendment 821? I don’t wanna get too technical here, but the basics are:

• It reduced mandatory minimum sentences for some drug and property crimes. So if you got a long mandatory minimum sentence for one of those offenses, you may be able to get it lowered.
• It changes how a defendant’s criminal history is calculated when determining their guideline range. Now, older and minor offenses won’t count against you as much.
• It allows judges to go below the guideline range in more cases, giving them more flexibility at sentencing.

The main goal was to make sentences a little less harsh for certain offenders. Prisons are overcrowded, and research shows super long sentences often don’t help prevent future crimes anyway.

Who Is Eligible for a Reduced Sentence?

Alright, so Amendment 821 sounds pretty good if you meet the criteria! But who actually qualifies? There’s a few big requirements:

1. You must have been sentenced under the old guidelines before November 1, 2023 when the amendment took effect.
2. Your offense has to be one covered by the amendment. This includes most drug trafficking and simple possession charges. Some property and fraud crimes are also included.
3. You need to have served a minimum amount of your sentence already:
   • For drug crimes – you must have served 15 years if your sentence was over 25 years, or 10 years if your sentence was 25 years or less
   • For property crimes – you must have served 15 years if your sentence was over 20 years, or 10 years if your sentence was 20 years or less

So basically you have to be about halfway through your sentence before you can get it reduced under Amendment 821. This wasn’t meant to let people off right away – you do have to serve a good chunk of time first.

How Much Time Could Be Cut from Sentences?

Ok, now for the big question – how much time are we talking here? Unfortunately there’s no one size fits all answer. It really depends on each person’s individual case factors, including:

• What your original guideline range was
• If you got a mandatory minimum sentence
• How much your criminal history score changes under the new rules
• If the judge wants to go below the new guideline range

But I can give you some examples to give you an idea:

Example 1

James was convicted of trafficking 50 grams of meth and originally got a guideline range of 120-150 months. He’s served 10 years of his 150 month sentence and applies for a reduction under Amendment 821.

Under the new rules, James’ criminal history score goes down 2 points. His new range becomes 100-125 months. The judge decides to reduce his sentence to 120 months, cutting 2.5 years off his remaining time.

Example 2

Maria was convicted of money laundering and got a guideline range of 235-293 months. She’s served 15 years of her 293 month sentence and asks for resentencing.

Maria’s criminal history doesn’t change under Amendment 821. But the judge decides to reduce her sentence to 240 months anyway, cutting off over 4 years from the time she has left.

Example 3

Lee was convicted of possession with intent to distribute meth. His guidelines were initially 262-327 months due to a prior drug felony. Lee has served 12 years of a 30 year mandatory minimum sentence.

Under the new rules, Lee’s mandatory minimum is reduced to 20 years. The judge lowers his sentence to 240 months, reducing his remaining time by 5 years.

So as you can see, the amount of time reduced really depends on the details of each case! But people are getting years taken off their sentences in many cases.

What If I Already Got a Sentence Reduction?

Here’s where things get tricky. Let’s say you already got a sentence reduction a while back under the “Drugs Minus Two” amendment. Can you apply again under Amendment 821?

The answer is maybe. The new rules say you can’t get a second reduction unless the first one you got was the minimum possible reduction. There are some exceptions, but in most cases you only get one bite at the resentencing apple.

The key is looking at how much of a reduction you already got. If it was way above the minimum, then you’re probably out of luck getting a second one.

How Do I Apply for a Reduced Sentence?

If you meet all the eligibility criteria, you can file a motion asking the court to lower your sentence under Amendment 821. This has to be done in the federal court that originally sentenced you.

The process works like this:

1. You file a motion explaining how you qualify under Amendment 821 and requesting a reduced sentence. Get an attorney to help you with this!
2. The probation office will do an investigation and prepare a report, including calculating your new guideline range.
3. The judge will review everything and decide whether to lower your sentence or not.

This process takes several months typically. If the judge does grant a reduction, they will issue an order for the Bureau of Prisons to release you earlier.

What’s the Deadline to Apply?

You have one year from November 1, 2023 to file your motion for a reduced sentence under Amendment 821. So don’t drag your feet – get working on it as soon as possible! The court can take a while to rule, so you want to get your motion submitted with plenty of time.

If you miss the deadline, you can try filing a motion asking the court for an extension. But don’t count on it – they’ll only grant more time in rare cases.

Should I Get an Attorney?

Yes, absolutely! Don’t try going through this process alone. Getting a sentence lowered under Amendment 821 can be complicated. Having an experienced federal criminal defense attorney on your side greatly improves your odds of success.

A lawyer can review your case, advise if you qualify, and handle all the paperwork and filings for you. Most attorneys will even give you a free case evaluation up front.

You can try filing the motion yourself, but I don’t recommend it. This is not the time for DIY legal work. The stakes are just too high.

What If I’m Denied?

Unfortunately not everyone who applies will get a sentence reduction approved. The judge has a lot of discretion in deciding whether to lower your sentence or not under Amendment 821.

If you do get denied, all is not lost! You can file an appeal to challenge the judge’s decision. Your lawyer will handle this appeal for you.

The appeals court will take a fresh look at your case. They can overturn the denial and send your case back if the judge made an error in applying Amendment 821.

Don’t Wait – Take Action Now!

Amendment 821 offers a huge opportunity for inmates to get their sentences reduced. But you only have a limited time to act before the deadline hits.

Don’t lose hope if you’ve been denied before – this amendment may open new doors for you. Connect with an attorney right away to explore your options. With their help, you may be back home with your loved ones sooner than you thought possible!