What to Expect When Seeking a Retroactive Sentence Reduction Under Amendment 821

Seeking a retroactive sentence reduction under Amendment 821 can be a complicated process. This article aims to walk you through what to expect, step-by-step, in plain English anyone can understand. We’ll cover the background on Amendment 821, who is eligible, how to apply, what factors judges consider, and more. Our goal is to empower you with the knowledge you need to navigate this process successfully.

What is Amendment 821?

First, some background. Amendment 821 is a change made in 2023 to the U.S. Sentencing Guidelines by the U.S. Sentencing Commission. It creates a new section – 4C1.1 – that allows for a two-level decrease in sentencing for certain offenders who received zero criminal history points under the guidelines.

In other words, it offers a sentencing reduction for low-level, first-time offenders who did not commit violent crimes or other serious offenses. The Commission determined these offenders’ guideline ranges often overstate the seriousness of their crimes.

The change goes into effect November 1, 2023. But the big news came in August 2023, when the Commission voted to allow retroactive application of Amendment 821. This means the change can apply to prisoners already serving sentences under the old guidelines.

Who is Eligible for a Retroactive Reduction?

To be eligible, you must meet all of the following criteria:

• Currently serving a federal prison sentence that was imposed based on sentencing guidelines prior to November 1, 2023
• Received zero criminal history points under Chapter Four of the sentencing guidelines
• The offense for which you are incarcerated is not:
  • A crime of violence
  • A sex offense
  • A terrorism offense
  • A firearms offense
  • A national security offense
  • An offense resulting in death or serious bodily injury
  • A human trafficking offense
  • A large scale drug trafficking offense

The Commission estimates around 11,500 federal inmates will be eligible for retroactive relief under Amendment 821. The average sentence reduction is estimated to be 14 months.

How Do I Apply for a Retroactive Reduction?

You don’t have to do anything right now. The courts cannot order retroactive reductions until on or after February 1, 2024.

Starting early 2024, if you meet the eligibility criteria, the probation office that prepared your pre-sentence report will notify you that you may be eligible for a reduction. They will file a motion on your behalf to the sentencing court.

You can also file your own motion after February 1, 2024. The court may appoint counsel to represent you in the proceedings if you cannot afford an attorney. The court can also order federal public defenders or community defenders to represent eligible defendants.

What Factors Do Judges Consider?

Even if you are eligible and apply, the sentencing reduction is not automatic. The judge will consider several factors, including:

• Your post-sentencing conduct and rehabilitation efforts
• Any public safety concerns if you were released early
• Your family and community ties
• Your health and age
• The amount of your sentence already served
• Your role in the offense and criminal history
• Applicable policy statements from the Sentencing Commission
• The need to avoid unwarranted sentencing disparities

The judge can hold a hearing but is not required to. They may gather information from your prison records, probation office, and prosecuting attorney. You and your lawyer will have a chance to make arguments about why your sentence should be reduced.

There are no guarantees here. The judge has broad discretion whether to grant a reduction or not based on these factors. But it’s important to put your best foot forward and demonstrate how you have changed since your original sentencing.

What Should I Do to Prepare?

Here are some steps you can take now to boost your chances of a favorable decision from the judge:

• Stay out of trouble in prison – no disciplinary issues
• Participate in rehabilitative programs and vocational training
• Take education courses to further your learning
• Get a prison job or join the UNICOR program
• Volunteer within your facility when opportunities arise
• Participate in counseling and treatment programs
• Build and maintain strong family ties through visits, calls, and letters
• Develop a release plan highlighting employment, housing, and community support
• Consider asking staff for letters of support about your conduct and rehabilitation

In your motion to the court, compiling evidence of all these positive efforts can help persuade the judge you are ready for a second chance via a sentence reduction.

What Happens if My Sentence Is Reduced?

If the judge grants a sentence reduction, it does not necessarily mean your immediate release. The reduction may only shorten your sentence by several months or a year or two. But obviously, any amount of time reduced is meaningful.

The order granting your sentence reduction will specify your new release date. The probation office will then update your sentence computation and notify the Bureau of Prisons.

In some cases, the judge may decide you should be released immediately if you have already served most of your revised sentence length. But this is not guaranteed – it depends on the judge’s discretion.

Don’t Get Discouraged!

Navigating the retroactive sentence reduction process under Amendment 821 can feel daunting. There are no promises or guarantees here. But this opportunity does not come around often, so you should pursue it vigorously.

With a thoughtful motion highlighting your rehabilitation, plus a little luck, you may find yourself back with your family and community sooner than you thought possible. Wishing you all the best in your pursuit of a second chance.