Walking Through the Sentence Reduction Process Under Amendment 821 Retroactivity

The recent decision by the U.S. Sentencing Commission to apply Amendment 821 retroactively has major implications for many people currently serving federal prison sentences. This article will walk through the step-by-step process of how eligible inmates can get their sentences reduced under the new rules. We’ll also look at who qualifies, what factors judges will consider, and try to answer some common questions people have about this complex issue.

What does “retroactive” mean?

Normally when the Sentencing Commission changes the guidelines for calculating federal sentences, those changes only apply to future cases. Making a change “retroactive” means it can also apply to sentences already handed down under the old rules[1]. So even though Amendment 821 took effect on November 1, 2023, the Commission voted to allow it to be applied retroactively starting February 1, 2024[4]. This means some inmates sentenced before the amendment took effect may now be eligible for reduced sentences under the new rules.

What does Amendment 821 change?

The main impact of Amendment 821 is that it reduces how much someone’s criminal history counts against them when determining their guideline range[2]. For example, under the old rules getting sentenced to 13 months in prison would add 3 points to your criminal history score. Under Amendment 821, it now only adds 2 points. The Commission estimates around 11,500 currently incarcerated individuals will have a lower guideline range because of these criminal history changes, with an average reduction of 14 months off their sentences[1].

Who is eligible for a reduced sentence?

The Commission estimates about 7,272 federal inmates will likely qualify for relief under Amendment 821 retroactivity[4]. However, the amendment does NOT apply to inmates who:

• Were sentenced under mandatory minimums
• Have prior “crime of violence” convictions
• Have a criminal history score of V or higher

So the amendment will primarily benefit non-violent drug offenders and white-collar criminals. For those groups, it could result in reductions of months or even years off their sentences[4].

What is the process for getting a reduced sentence?

Sentence reductions under Amendment 821 retroactivity are NOT automatic. Inmates must go through the following process:

1. Starting February 1, 2024, eligible inmates can file a motion for a reduced sentence in federal court[4].
2. The judge will review the motion and make a decision based on factors like public safety, inmate conduct, etc[3].
3. If approved, the judge will issue a new sentence order with a reduced prison term.
4. The Federal Bureau of Prisons will then recalculate release dates for inmates who got reductions.

One challenge is that inmates must get lawyers to file these motions for them. Prisoners seeking reductions under Amendment 821 should start contacting attorneys now to get the process started[5].

What factors will judges consider?

When ruling on motions for reduced sentences, federal judges are instructed to consider factors like[3]:

• Public safety
• Inmate’s post-sentencing conduct and rehabilitation efforts
• Inmate’s current age and health
• Inmate’s family and community circumstances

Judges have wide discretion, but those factors will help them decide if inmates deserve lower sentences under Amendment 821. Inmates with good behavior records will have the best chance at approval.

When will inmates be released if approved?

Even after a judge approves a lower sentence, the timing of an inmate’s actual release depends on the Federal Bureau of Prisons. The BOP will have to recalculate release dates for all inmates whose sentences get reduced[4]. Given the large number of expected applications, inmates likely won’t be released immediately after a judge’s order. It could take weeks or months for the BOP to process releases after courts start issuing reduction orders on February 1st.

Could reduced sentences be appealed or overturned?

Yes, it’s possible either side could appeal sentence reduction orders under Amendment 821. Prosecutors could try appealing if they feel a judge’s new sentence is too lenient. Inmates could appeal if their reduction request gets denied. Any appeals would likely focus on whether the judge properly followed the retroactivity rules and considered the right factors laid out in the Commission’s policy statement
6
. But appellate courts generally give trial judges wide discretion in sentencing.

Does this affect mandatory minimums?

No, Amendment 821 has no impact on mandatory minimum sentences required under federal law for certain crimes. Judges cannot reduce sentences below an applicable mandatory minimum, even under retroactivity. However, the First Step Act of 2018 did make limited changes allowing judges to reduce some mandatory minimums in certain drug cases. That’s a separate issue from Amendment 821 retroactivity though.

Could this be reversed or changed?

Now that the Sentencing Commission has voted to apply Amendment 821 retroactively, that decision is final[1]. However, Congress could potentially try to intervene by passing legislation to block or modify the retroactivity rules. Some Republican lawmakers criticized the Commission’s vote, so there is a small chance of Congress trying to reverse the decision. But as of now, the retroactivity of Amendment 821 allowing sentence reductions is moving forward as planned.

Conclusion

The bottom line is that Amendment 821 retroactivity offers real hope for federal inmates serving lengthy sentences under outdated guidelines. But prisoners will need to be proactive in filing motions and getting lawyers involved to take advantage of this opportunity. With proper legal guidance, thousands could see years taken off their sentences beginning in early 2024.