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Hey there! If you’re reading this, you probably heard about the U.S. Sentencing Commission’s recent decision to apply Amendment 821 retroactively. This is a big deal, because it could mean a reduced prison sentence for thousands of people currently incarcerated in the federal system. I know navigating the legal system can be confusing though, so I wanted to write up this guide walking you through the process step-by-step. I’m not a lawyer, but I’ve done a ton of research and talked to some legal experts to figure this all out. Hopefully you find this helpful!
Ok, first things first – what is this Amendment 821 thing? Basically, it’s a change made by the Sentencing Commission to the sentencing guidelines judges use to determine federal prison sentences. Here’s a quick rundown:
This is a really big deal, because it means around 11,500 people currently in federal prison could get their sentences reduced by an average of 14 months [2]!
Now you’re probably wondering – does this apply to me? Here are the basic eligibility criteria:
The best way to know if you qualify is to determine what your sentencing range would have been under the new amendment. If it would be lower, then you may be eligible. I’ll talk more below about how to figure this out.
The amount your sentence could be reduced depends on how much your guideline range changes under Amendment 821. The Commission estimates the average reduction will be 14 months [2]. But it could be more or less than that in your specific case. Here are some factors that impact the amount:
To figure out your potential reduction, you’ll need to recalculate your guideline range under the new amendment. I’ll explain more on that next.
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Google rating score: 4.9 of 5, based on 736 reviewsFiguring out if you qualify and estimating your potential reduction requires looking at the sentencing guidelines. I know, looking at the guidelines makes most people’s eyes glaze over. But stay with me here – I’ll break it down step-by-step:
This can be complicated, so don’t hesitate to ask your facility’s education staff for help accessing and understanding your PSR. You can also call the federal public defenders office in your state to see if they can assist you.
Okay, so you’ve done the math and determined your sentence could be lowered under the retroactive amendment. Awesome! Now let’s talk about how to actually apply and get your sentence reduced.
The application process involves filing a motion with the sentencing court that originally imposed your sentence. Here are the steps:
The court has discretion in deciding whether to reduce your sentence and by how much. Having an attorney to represent you can be very helpful, especially if the reduction amount is disputed at all. If you can’t afford a lawyer, contact the federal public defender in your state for possible assistance.
One complexity with Amendment 821 is that the Commission said courts can’t actually reduce sentences under it until February 1, 2024 or later [2]. This was to give the courts time to process all the applications. So even if you qualify now, the soonest you could get a reduction is February 2024.
The good news is you can submit your application before then – you just can’t get a reduction order until on or after February 1st. So it’s a good idea to get your motion submitted early, so it’s ready to go when the window opens.
Also keep in mind it may take awhile for the court to review and decide on your motion. Especially since so many people will be applying for reductions, there will likely be delays. So having patience and persistence here pays off.
Applying for a reduction under Amendment 821 might make you eligible for other sentence reductions too:
It’s worth looking into these other options as well if you qualify for an Amendment 821 reduction. Don’t be afraid to explore all avenues for relief!
If you think you may qualify for a sentence reduction under Amendment 821, here are some steps you can take now while waiting for the application window to open in February 2024:
I know this whole process can seem daunting and complex. But with some research and persistence, getting a sentence reduction under Amendment 821 is very possible. Don’t be afraid to ask for help from legal aid organizations, advocates, or even your facility’s education staff. We’re all rooting for you! Wishing you the very best of luck.
Let me know if you have any other questions! I’m happy to help explain things more if needed. You got this!
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