U.S. SENTENCING COMMISSION VOTES TO ALLOW RETROACTIVE SENTENCE REDUCTIONS ANDANNOUNCES ITS NEXT SET OF POLICY PRIORITIES

The U.S. Sentencing Commission has green light the retroactive application of Amendment 821, which pertains to criminal history. This decision means that specific incarcerated individuals might be eligible for sentence reductions starting February 1, 2024. The Commission also unveiled its upcoming policy priorities, emphasizing the treatment of acquitted conduct in sentencing and the effectiveness of certain Bureau of Prisons practices.

Here's a simple breakdown of the recent decisions and plans by the U.S. Sentencing Commission:

There are 2 parts to the upcoming Amendments of importance.  Parts A and B.

Part A of Amendment 821: This provision modifies the cumulative impact of "Status Points" pursuant to §4A1.1 of the federal sentencing guidelines.

Part A seeks to cap or limit the aggregate criminal history implications of "Status Points" as delineated under §4A1.1. This adjustment ensures that the accumulation of such points, which represent prior minor infractions or offenses, does not disproportionately exacerbate the sentencing range for a defendant under the present adjudication.

Part B, Subpart 1 of Amendment 821:  Under the new guideline stipulated in Chapter Four at §4C1.1, there is a two-level downward adjustment in the offense levels for defendants who have a zero criminal history score and whose instant offense lacks enumerated aggravating factors.

Part B, Subpart 1 provides a two-level reduction in the offense severity for defendants who have no prior criminal history points pursuant to the sentencing guidelines. Additionally, this reduction is applicable only if the instant offense does not encompass any specific aggravating factors as defined by the guidelines. This provision aims to ensure proportionate sentencing for defendants with a clean criminal record and whose present offense is not compounded by certain exacerbating elements.

Frequently asked questions:

1. Sentence Reductions: The Commission has decided that some people currently in jail might get their sentences shortened. This could start from February 1, 2024.

1. Why the Change?: They made this decision based on a new rule (called Amendment 821) that looks at a person's past crimes differently. In a nut shell the Rule has two main parts:

         Part A: Changes how past minor offenses impact the current sentence.

         Part B: Reduces the punishment for those who haven't committed many crimes before and whose current crime isn't very severe.

1. How Many People Will This Affect?:

Part A:  About 1,495 people might get their sentences reduced by around 11.7% because of Status Point changes that will result in a possible                        sentence reduction of 11.7%, on average.

         Part B: Another 7,272 people might get reductions because of Part B, with their sentences going  down by about 17.6%.

1. Why the Wait?: The Commission wants to make sure that when people leave jail, they have programs to help them adjust back into society.

1. What's Next?: The new rule is now with Congress. If Congress doesn't say "no" within 180 days, courts can start looking at requests to reduce sentences from February 1, 2024.

1. Future Plans: The Commission is also looking at:

• How the Bureau of Prisons is doing its job.
• How people are sentenced for crimes they were found not guilty of.
• Rules for those who commit multiple crimes.
• Differences in punishment for those who go to trial versus those who admit their guilt.
• Sentences for young people.

In sum, the Commission is making changes to help ensure fairness in sentencing and is also planning to review and improve other areas of the justice system.

If you think your client meets the criteria for Parts A or B, feel free to email us your thoughts or you can schedule a call with us at your convenience.  We are always here to assist in any way we can.

Order a copy of the Sentencing Commissions Recommendations or any other document related to your case.  We will assure the document gets delivered to the BOP or proper facility.

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