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Understanding Sentence Reduction Orders Under Amendment 821 Retroactivity
Understanding Sentence Reduction Orders Under Amendment 821 Retroactivity
Hey there! I wanted to write this article to help explain the recent changes to federal sentencing guidelines under Amendment 821 and what it could mean for people currently incarcerated in federal prisons. This stuff can be really confusing, even for lawyers, so I’ll try to break it down in simple terms.
Back in August 2023, the U.S. Sentencing Commission voted to make Amendment 821 retroactive. This means some folks serving time under the old guidelines could get their sentences reduced. But it’s not automatic – they have to go through a process to get it.
What does “retroactive” mean?
When the Commission changes the guidelines for how federal sentences get calculated, those changes are usually only for future cases. Making a change “retroactive” means it can apply to sentences that were already handed down under the old rules.
So people who were sentenced before Amendment 821 took effect could now be eligible for lower sentences based on the new rules. Their cases can get re-opened for what’s called a “sentence reduction order.”
What does Amendment 821 change?
The main thing it does is reduce how much someone’s criminal history counts against them when determining their guideline range. 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.
Who can get a sentence reduction?
To get a reduction under the retroactive part of Amendment 821, you have to meet a few conditions:
- You must have been sentenced before November 1, 2023 when the changes took effect.
- Applying the new criminal history rules has to actually lower your guideline range. If your range stays the same, you’re out of luck.
- You can’t have a record of violent offenses or be classified as a career offender or armed career criminal.
- You have to have served at least 18 months of your current sentence already.
The Sentencing Commission estimates around 11,500 people could be eligible for reductions. But meeting the requirements doesn’t automatically get your sentence lowered. You still have to convince a judge.
How do you apply for a reduction?
The process works like this:
- You can apply for a reduction starting on February 1, 2024. Not before.
- You file a motion in the federal court that sentenced you originally.
- The probation office calculates what your new range would be under Amendment 821.
- Prosecutors can oppose your motion if they want.
- The judge decides whether to grant you a reduction or not based on the facts.
Even if you qualify, the judge doesn’t have to give you a reduction. They might agree you deserve a break, but they also have to consider things like public safety and your behavior in prison.
The best chance of winning is getting a lawyer to help argue why you should get a second chance. But the court can also appoint a public defender if you can’t afford your own lawyer.
How much time can you get reduced?
There’s no guarantee on how big of a reduction you’ll get, if any. The judge has a lot of discretion. They could lower your sentence all the way down to the new minimum if you make a strong case. Or it could just be a small decrease.
The key factors are:
- How much your guideline range changes under Amendment 821.
- Whether prosecutors fight your request.
- Your behavior and accomplishments in prison.
- How much of your sentence you’ve already served.
The average reduction will probably be around 30-40% below the original sentence. But again, results really vary case by case.
What if you already got a 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 allowed. So if a judge already went below the minimum back then, you’re out of luck now.
But if you just got the bare minimum reduction before, you can argue for another decrease based on Amendment 821. Your lawyer will have to fight this technical issue.
What about compassionate release?
Another option some inmates have used is asking for “compassionate release” based on COVID or medical issues. How does going that route affect your chances under Amendment 821?
Again, it’s tricky. The Bureau of Prisons can grant compassionate release on its own. But that bars you from going to court later for a reduction under 821. Your only hope would be convincing the BOP to apply 821 when setting your release conditions.
If you previously asked the court for compassionate release (not the BOP), however, you can still seek a separate reduction under Amendment 821. You just have to convince the judge it’s warranted.
What should you do now?
If you think you might be eligible for a sentence reduction under Amendment 821, start preparing your case now. Here are some tips:
- Request your sentencing documents from the court so you can calculate your new range.
- Stay out of trouble in prison and take vocational classes if you can.
- Write up a plan for what you’ll do if released and how you’ve changed.
- Find witnesses like prison staff who can testify on your behalf.
- Start saving up for legal fees or research public defenders.
The bottom line is Amendment 821 offers new hope for many inmates, but it’s not a guarantee. You’ll have to put in the work to convince a judge you deserve another chance. But with the right preparation, it could mean years off your sentence!
I hope this overview helps explain things. Let me know if you have any other questions!