{"id":52894,"date":"2023-08-25T09:48:29","date_gmt":"2023-08-25T13:48:29","guid":{"rendered":"https:\/\/ifintechworld.com\/news\/sentencing-commission-oks-retroactive-reduction-for-many-inmates\/"},"modified":"2023-08-25T09:48:32","modified_gmt":"2023-08-25T13:48:32","slug":"sentencing-commission-oks-retroactive-reduction-for-many-inmates","status":"publish","type":"post","link":"https:\/\/ifintechworld.com\/?p=52894","title":{"rendered":"Sentencing Commission OKs Retroactive Reduction For Many Inmates"},"content":{"rendered":"
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Yesterday, the United States Sentencing Commission (USSC), in a 4-to-3 vote, allowed for delayed retroactive application of Amendment 821 relating to criminal history\u2014meaning that certain currently incarcerated individuals could be eligible for reduced sentences made effective beginning on February 1, 2024 (unofficial text). Amendment 821 creates a new Chapter Four guideline at \u00a74C1.1 (Adjustment for Certain Zero-Point Offenders) providing a decrease of two levels from the offense level determined under Chapters Two and Three for defendants who did not receive any criminal history points under Chapter Four, Part A and whose instant offense did not involve specified aggravating factors. In short, for many white collar crimes and lower-level drug offenses, it could mean months or years off of a sentence.<\/p>\n

Those groups of offender who will NOT receive a benefit from this amendment include:<\/p>\n

(1) had no adjustment under \u00a7 3A1.4 (Terrorism);<\/p>\n

(2) did not use violence or credible threats of violence in connection with the offense;<\/p>\n

(3) the offense did not result in death or serious bodily injury;<\/p>\n

(4) the offense is not a sex offense;<\/p>\n

(5) the defendant did not personally cause substantial financial hardship;<\/p>\n

<\/fbs-ad><\/p>\n

(6) no gun was involved in connection with the offense;<\/p>\n

(7) the offense did not involve individual rights under \u00a7 2H1.1;<\/p>\n

(8) had no adjustment under \u00a7 3A1.1 for a hate crime or vulnerable victim or \u00a7 3A1.5 for a serious human rights offense; and<\/p>\n

(9) had no adjustment under \u00a7 3B1.1 for role in the offense and was not engaged in a 21 USC \u00a7 848 continuing criminal enterprise<\/p>\n

Since having a quorum of commissioners earlier this year, the first time since 2018, the USSC voted on amendments to the federal sentencing guidelines\u2014including Amendment 821 providing for targeted, evidence-based changes to certain criminal history rules. Because two parts of that amendment reduce the sentencing range of future defendants, the Commission is required by law to consider whether judges can extend those reductions to previously sentenced individuals. Citing the number of inmates who could benefit from this, many prosecutors and judges pushed back during the comment period to state it would be a tremendous burden to the justice system to try to go through all of the cases.<\/p>\n

U.S. District Judge Carlton W. Reeves, Chair of the Commission said, \u201cOur decision today is one that brings hope to thousands of currently incarcerated people and their families. We listened to a full <\/em>spectrum of views and considered the full <\/em>costs associated with incarceration balanced with the time needed to review petitions and prepare for successful reentry.\u201d<\/p>\n

The USSC estimated in its July 2023 Impact Analysis that retroactive application would carry a meaningful impact for many currently incarcerated individuals:<\/p>\n