Amendment 821: A Game Changer for Drug Sentencing?

Amendment 821: A Game Changer for Drug Sentencing?

Hey there, looks like you wanted to learn more about Amendment 821 and what it could mean for drug sentencing. I got you covered! Grab a snack and let’s dive in.Amendment 821 is no small change – it’s a huge deal that could seriously improve things for folks serving time for drug offenses. I know all the legal mumbo jumbo can make your eyes glaze over, so I’ll lay it out in simple terms.

What Exactly is Amendment 821?

In a nutshell, Amendment 821 changes how a person’s criminal history is calculated when deciding their sentence. It makes it so certain things don’t count against you as much anymore.Specifically, it gets rid of those “status points” people used to get just for being on probation, parole, etc. So if you got extra points added just because you were under supervision when you caught your current case, those won’t count anymore!This amendment was passed by the U.S. Sentencing Commission earlier in 2023 and is set to go into effect November 1st. But here’s the big news – on August 24th, the Commission voted to apply it retroactively!

Retroactivity Is a Game Changer

Applying Amendment 821 retroactively means people currently serving time under the old rules could get their sentences reduced!This is huge because it doesn’t just help folks who get arrested after November 1st – it could potentially help thousands of people already sitting in federal prison. The Commission estimates around 20,000 inmates could see lower sentences if they file for reductions under Amendment 821.

Now I know what you’re thinking…too good to be true, right? Well there’s always some catches with the law, so let’s break it down.

When Can People File for Reductions?

Even though the amendment takes effect November 1st for any new cases, there’s a delay before retroactivity kicks in. Inmates can start filing motions on February 1, 2024. The courts need time to prepare for the flood of requests they’ll get!

So if you or a loved one is serving time in federal prison, mark your calendars for February 1st, 2024. That’s when you can file for a sentence reduction under the retroactive application of Amendment 821.

Who Is Eligible?

The main thing Amendment 821 does is change how criminal history points are calculated. So generally speaking, you may be eligible if:

• You got points added just for being on probation, parole, etc. when you caught your current case; and
• Getting rid of those “status points” lowers your total criminal history score enough to also lower your final guideline range.

There’s more to it than that, but that’s the basic idea. The court will look at all the details of your case to see if the change makes you eligible.

What If You Already Got a Reduction?

Now for some not-so-good news…you can’t “double dip” if you already got a sentence reduction before.

• If you got a reduction under the Drugs Minus Two amendment, you can still apply for one under Amendment 821.
• But if you already got the minimum reduction possible under another amendment, you can’t apply again under 821.

It’s tricky, but basically you only get one bite at the apple unless your first reduction was the very smallest amount allowed.

How Do You Apply?

Filing for a sentence reduction under Amendment 821 retroactivity is pretty straightforward:

• Get your case documents together – judgment, plea deal, sentencing transcripts, etc.
• Calculate your new guideline range under Amendment 821 yourself first.
• Draft and file a motion showing exactly how your criminal history points and guideline range would be different under the new rules in Amendment 821.

Having a lawyer helps, but it can be done without one if you do your homework!

What About Drug Offenses Specifically?

Now I know your main question was about how Amendment 821 could affect drug sentences.The truth is it may not have as big an impact on drug cases as some other offenses. The main benefit is getting rid of those “status points” that were added when someone was on probation or parole.But many drug defendants don’t have much other criminal history, so they weren’t getting many status points to begin with.However, Amendment 821 could still help some drug offenders, especially those serving longer sentences. Even shaving off a few years could make a big difference for them.Some examples of drug defendants who may benefit:

• Those who did get status points added and eliminating them lowers their guideline range.
• People serving very long sentences – even small reductions to their guidelines could chop off years.
• Low-level drug offenders with minimal criminal history given harsh sentences.

So in summary – Amendment 821 is fantastic news for sentencing reform in general. But its impact may be more limited for drug offenses compared to other crimes.Nonetheless it’s absolutely still worth looking into if you or someone you know is serving federal time for a drug crime. Even the smallest chance at a reduction is worth pursuing.I know I just dumped a ton of info on you! But I wanted to make sure you have a solid understanding of Amendment 821 so you can make the most of it. Let me know if you have any other questions.And don’t lose hope – change is coming. Amendment 821 proves we’re moving in the right direction when it comes to fairer sentencing. Stay strong!

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