Sorting Through Eligibility for Amendment 821 Sentence Reductions

Figuring out if you’re eligible for a sentence reduction under Amendment 821 can be confusing. This amendment, passed by the U.S. Sentencing Commission in 2023, changes how criminal history is calculated for federal sentences. It’s a big deal that could help a lot of people already in prison get their sentences reduced. But not everyone qualifies, and even if you do it doesn’t mean the judge will actually lower your sentence. Let’s break down exactly what Amendment 821 does, who might benefit, and how to get the process started if you think you could be eligible.

What Does Amendment 821 Change?

The main thing Amendment 821 does is reduce how much someone’s criminal history counts against them when determining their guideline range[3]. The Commission decided the old rules were too harsh for folks with minor records, so Amendment 821 gives judges more discretion to go lower. It also changes how certain previous sentences count. Stuff like old juvenile convictions won’t be counted as much. The goal is to only factor in serious adult crimes from the past 15 years or so[2].

Here are some of the key changes in Amendment 821[1]:

• Reduces how much minor and old convictions increase your criminal history score
• Gives judges more flexibility to lower sentences for people with short criminal histories
• Changes how certain prior sentences are counted, like old juvenile offenses
• Focuses on counting serious crimes from the past 15 years
• Creates a new provision allowing judges to reduce sentences by 2 levels for people with very minimal criminal histories

The goal is to only punish people for recent, serious crimes – not boost sentences too much for old or minor offenses. This especially helps first-time offenders or people with dated convictions from many years ago.

Who Can Get a Sentence Reduction Under Amendment 821?

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 allowed by the guidelines[3].

In general, here are the requirements to get a reduced sentence under Amendment 821[2]:

• You must be currently serving a federal prison sentence
• Your guideline range must have gone down under Amendment 821
• You can’t already be scheduled for release before February 1, 2024 when the changes take effect
• If you already got a reduction before, it has to have been the minimum allowed

The Sentencing Commission estimates around 11,500 people could be eligible for reductions[3]. But meeting the requirements doesn’t automatically mean you’ll get a lower sentence. It just means you can apply. The judge still has to decide whether or not to reduce your specific sentence.

When Can Inmates Start Getting Sentence Reductions?

There are a few key dates to understand[4]:

• November 1, 2023 – Amendment 821 goes into effect for new sentences
• February 1, 2024 – Eligible inmates can start filing motions for reduced sentences

So there is a delayed effective date for retroactivity. Inmates will have to wait until February 2024 before they can start seeing any actual sentence reductions[4].

What’s the Process for Getting a Reduced Sentence?

Starting on February 1, 2024, eligible inmates can file a motion with the sentencing court asking for a sentence reduction under Amendment 821[4]. The judge will then review the motion and decide whether or not to lower the sentence.

When deciding, here are some factors the judge will consider[2]:

• Your criminal history and specific circumstances
• Your behavior and accomplishments in prison
• Whether you participated in rehabilitation or vocational programs
• Your risk of re-offending once released
• Whether further imprisonment would protect the public

The judge has a lot of discretion. Even if you’re eligible under Amendment 821, they’ll look at all these factors to decide if a reduction is appropriate. Make sure to highlight your rehabilitation efforts and low risk of re-offending when filing your motion.

How Much Could Sentences Be Reduced By?

The Sentencing Commission projects judges would be able to reduce sentences for eligible individuals under Part A of Amendment 821 by an average of 27 months[2].

Under Part B, they estimate an average reduction of 55 months for eligible inmates[1]. However, each case is different. Some inmates may see larger or smaller decreases depending on their specific circumstances. The judge has discretion to lower the sentence as much or as little as they feel is appropriate.

Does This Help With Federal Drug Charges?

Yes, Amendment 821 can potentially help people facing federal drug prosecution or other charges like healthcare fraud[5]. Those already convicted can file a motion for a reduced sentence if they meet the eligibility criteria.

For people still facing prosecution, their defense attorney can argue for a lower sentence under the new rules. Amendment 821 provides avenues for sentence reductions for both current inmates and defendants in ongoing cases. Healthcare professionals and others charged with federal crimes may see real benefits[5].

What If I’m Not Eligible Under Amendment 821?

Even if you don’t qualify for relief under Amendment 821, you may still have other options. Some other ways to potentially get a sentence reduction include[6]:

• Filing a motion for compassionate release
• Asking the prosecutor to file a “Rule 35” motion to reduce your sentence for substantial assistance
• Petitioning the President for clemency or a commutation
• Applying for the Residential Drug Abuse Program (RDAP)

Talk to your criminal defense lawyer about strategies. Don’t lose hope if you aren’t eligible under Amendment 821 specifically. Other options may still be open.

Conclusion

Amendment 821 offers a great opportunity for many federal inmates to get their sentences reduced. But the requirements are complex, and even eligible people aren’t guaranteed a decrease. Meet with an experienced criminal defense attorney to fully understand if you qualify and how to effectively petition the court for relief under the new rules. With proper legal guidance, Amendment 821 could mean a second chance for thousands of incarcerated individuals.