Understanding the Impact of Amendment 821 Retroactivity on State Sentencing

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.

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 that the old rules sometimes over-counted minor crimes and resulted in unfairly long sentences.

Specifically, Amendment 821 changes how defendants are scored under the criminal history section of the guidelines grid. It reduces the points that get added for certain prior convictions. This means some folks will end up in a lower sentencing range than they would have before.

Who can get a reduced sentence?

The Commission estimates around 11,500 people could be eligible for sentence reductions under the retroactive part of Amendment 821. But not everyone will qualify.

You may be able to get a lower sentence if:

• You were sentenced under the old guidelines before November 1, 2023
• You received criminal history points that would be reduced under the new rules
• Reducing those points would lower your final guideline range

Your criminal defense lawyer can help figure out if you’re eligible. The average reduction is estimated to be around 17 months off the original sentence.

What’s the process to get a reduced sentence?

Eligible defendants have to file a motion with the sentencing court asking for a reduction based on Amendment 821. The court will review the motion and decide whether to grant a lower sentence. If approved, the new sentence can’t take effect until February 1, 2024 at the earliest.

The process involves recalculating the guideline range under the new rules. The judge has discretion whether to apply the full reduction or something less. They will consider things like your behavior in prison when deciding how much of a break to give.

It’s important to have an experienced federal criminal defense lawyer handle this process for you. They know how to effectively argue for the lowest reasonable sentence. Don’t try to file a sentence reduction motion yourself without legal advice.

What if I was charged with a state crime?

Amendment 821 only applies to federal sentencing guidelines. It does not affect sentences for state-level convictions.

Each state has its own sentencing rules and guidelines. Some states may choose to model changes after the federal system. But Amendment 821 itself has no direct impact on state prison sentences.

Could Amendment 821 be expanded in the future?

Possibly. Retroactive application of Amendment 821 only covers certain specific parts right now. The Commission left the door open to potentially expanding retroactivity to other sections of the amendment down the road.

Criminal justice advocates are pushing for the Commission to make the full amendment retroactive. That would include changes like reducing the impact of older convictions on sentences.

The Commission said it needs more time to study those proposals. But expanded retroactivity could come in 2024 or beyond.

What else should I know?

Here are some other key facts about Amendment 821 retroactivity:

• It’s not a get out of jail free card – judges still have discretion on whether to reduce sentences and by how much.
• Not everyone eligible will get a reduction. It depends on the case facts and your behavior in prison.
• Retroactivity only applies to federal inmates, not state prisoners.
• The average sentence reduction is estimated to be around 17 months.
• Motions cannot be filed until November 2023 at the earliest.
• Earliest possible release date is February 1, 2024.

I know this is a lot of information! Sentencing law can be super complex. Hopefully this article helps break down the key impacts of Amendment 821 retroactivity. Let me know if you have any other questions!