When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
If you’re currently serving a federal prison sentence, you may be eligible for a sentence reduction thanks to a new law called Amendment 821. This amendment makes big changes to the way criminal history points are calculated, which could lower some sentences by a lot! Here’s what you need to know about applying for one of these retroactive sentence reductions.
Amendment 821 is a change made by the U.S. Sentencing Commission to the guidelines judges use for handing out federal sentences. It took effect on November 1, 2023. Some of the changes apply retroactively, which means people already in prison can get their sentences cut short under the new rules.
There are a few parts to Amendment 821. The big one is how it changes the way criminal history points work. It gets rid of points for some older, minor convictions from when you were a kid. It also caps the total points at 10 no matter how long your record is. So people with really long rap sheets can benefit the most.
Amendment 821 also changes some other things, like giving more credit for cooperating with the government and reducing sentences for drug crimes a little bit. But the criminal history stuff is the main part.
To get a sentence reduction under Amendment 821, you have to meet these criteria:
The Sentencing Commission estimates around 11,500 people will qualify for reductions averaging 14 months off their sentences. That’s pretty good! But you do have to meet those requirements.
The commission decided to delay implementing the retroactive part of Amendment 821. That way the courts have time to get ready for all the applications. You can start applying on February 1, 2024.
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Google rating score: 4.9 of 5, based on 736 reviewsAfter that date, get your motion submitted ASAP. The courts will be slammed with thousands of these! You want to get in line early so your case gets heard sooner.
Here are the steps to go through:
This process can take many months with the courts so backed up. Be patient as your lawyer works through it. Keep gathering evidence showing your rehabilitation in prison, like completing programs and having a clean record.
There’s no limit on how much your sentence can be reduced under Amendment 821. It all depends on how big the difference is between your original guideline range and the new range under the amended rules. Some examples:
Keep in mind the reduction is not automatic. The judge will look at factors like your disciplinary record in prison, rehab efforts, risk to public safety, etc. But the point is, big reductions in your sentence are allowed under Amendment 821 in some cases.
Don’t wait! Act now if you think you may qualify for a sentence reduction:
Move fast so you are ready to file your motion on February 1st. The courts will be flooded with these, so you want to get in line ASAP. Don’t miss out on the shorter sentence you deserve under Amendment 821!
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