Could Your Incarcerated Loved One Qualify for a Shorter Sentence under Amendment 821?

If you have a friend or family member currently in federal prison, you may have heard about an amendment that could lower some inmates’ sentences. Effective November 1, 2023, it changed how a defendant’s criminal history is calculated under Amendment 821. This amendment limits the potential cumulative impact of “status points” that are added for committing a federal crime while under a criminal justice sentence like parole or probation. It also created a two-level reduction for certain defendants with zero criminal history points. Here’s what families should know about eligibility for a reduced sentence.

What Does the Amendment Do?

On November 1, 2023, an amendment to the US Sentencing Guidelines went into effect, allowing for the retroactive reduction of sentences for some federal inmates. There are two main parts creating opportunities for sentence reductions:

Part A eliminates status points for defendants with six or fewer criminal history points before status points are added. For defendants with seven or more points, it reduces the status-point addition from two points to one.

Part B, Subpart 1 provides a two-level offense-level decrease for certain defendants with zero criminal history points who meet all the requirements of §4C1.1.

This amendment has potentially opened the door for thousands of inmates to have their sentences shortened through it. But you may be wondering, could my loved one be eligible? Here’s what you need to know about the criteria for relief under each part of the law.

Could Your Loved One Qualify Under Part A?

Part A helps inmates with 2 points added to their criminal history score under the old Section 4A1.1(d) for committing their offense while under probation, parole, supervised release, imprisonment, work release, or escape status.

Under §4A1.1(e), defendants with six or fewer criminal history points before status points are added receive no status points. Those with seven or more receive one.

For example, someone who originally had three criminal history points plus two status points had five total points. Removing both status points leaves three, moving the person from Category III to Category II.

Relief requires the amendment to lower the applicable guideline range. A lower point total alone does not establish eligibility.

Could Your Incarcerated Loved One Benefit Under Part B?

Part B, Subpart 1 may help defendants who received zero criminal history points. A prior conviction does not automatically disqualify someone if it receives no points under the Guidelines.

Eligibility requires meeting every condition of §4C1.1. Restrictions address the defendant’s use of violence or credible threats, weapons conduct, death or serious bodily injury, specified sex offenses, and substantial financial hardship personally caused by the defendant. Other restrictions concern terrorism, certain civil-rights offenses, specified victim-related adjustments, an aggravating-role adjustment, and participation in a continuing criminal enterprise.

Drug trafficking and public corruption convictions do not automatically bar the adjustment. Counsel must review the specific conduct and sentencing findings. For a retroactive request, counsel must apply Amendment 821 through the sentence-reduction rules; later changes to §4C1.1 do not automatically apply.

Other Key Facts if Your Loved One May Qualify

If it looks like your incarcerated family member or friend might be eligible for relief under Part A or Part B, here are some other important things to understand:

Under U.S.S.G. §1B1.10, the amendment must lower the defendant’s applicable guideline range. A mandatory minimum or another guideline provision may prevent relief. This proceeding is not a full resentencing, and an eligible defendant is not guaranteed a reduction.

  • The court will assess each case individually to decide if a lower sentence is appropriate, considering factors like public safety. A reduction isn’t guaranteed even if they qualify.
  • The court generally cannot reduce the sentence below the amended guideline minimum. A limited exception may apply when the original sentence was below the guideline range because of a government motion based on substantial assistance.
  • Relief requires a court order under 18 U.S.C. §3582(c)(2). The defendant or the Bureau of Prisons Director may file a motion, and the court may also act on its own motion.
  • Requests could be considered beginning November 1, 2023. February 1, 2024 was the earliest date a reduced sentence could take effect, not the first date a motion could be filed.

An attorney can review the federal presentence investigation report, the court’s sentencing findings, and the judgment to determine whether Amendment 821 lowers the applicable guideline range.

As you can see, while this amendment could allow sentence reductions for some inmates, there are strict criteria to meet. If you think your incarcerated loved one may qualify under Part A or Part B, it’s important to have an attorney review their case. A lawyer can determine if pursuing relief under Amendment 821 could benefit them.

Don’t rely on unofficial prison talk about eligibility – get expert legal advice tailored to their situation. With a lawyer’s help, your loved one may find they qualify for a shortened stay under Amendment 821. Take action now to evaluate their options – this could mean less time apart for your family.

Get a Free Consultation for Your Loved One

If you have an incarcerated family member or friend who may qualify for a reduced federal sentence, we can help. We have decades of experience achieving results for clients involved in the criminal justice system. Let’s explore options for your loved one under Amendment 821.

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