Reduced Drug Sentences Under Amendment 821

Reduced Drug Sentences Under Amendment 821

Hey there! If you or a loved one is serving time for a federal drug offense, you’ve probably heard about Amendment 821. This new law could mean shorter prison sentences for thousands of people. I know this can all be confusing, so let me break it down for you in simple terms.

First off, what does Amendment 821 actually do? Basically, it makes two big changes to how federal drug sentences get calculated:

1. It reduces the impact of “criminal history points” – so if you have a record, it won’t increase your sentence as much
2. It lets judges give below-guideline sentences to low-level, nonviolent drug offenders

That’s the quick overview. Now let me explain in a bit more detail…

Fewer “Criminal History Points”

Here’s how it works. Under the sentencing guidelines, you get “criminal history points” added for any past convictions. The more points, the higher your “criminal history category” – and the longer your sentence. Amendment 821 changes how these points get calculated for certain federal drug crimes.

Specifically, it reduces the effect of “status points.” These are extra points you can get if you committed the current offense while on probation, parole, supervised release, etc. Status points really add up quick. Just one extra point can increase your sentence by months or years.

Amendment 821 prevents low-level drug offenders from getting hit with too many status points. This will help a lot of folks who have longer records just because of minor drug possession charges.

Below-Guideline Sentences

Now, here’s the other big change. Amendment 821 gives judges more flexibility to go below the sentencing guidelines for certain nonviolent drug offenders who don’t have much criminal history.

In the past, judges could only go below the guidelines in rare cases. But now they can consider lower sentences for drug defendants who:

• Have 0 or 1 criminal history point under the new rules
• No prior violent or sex crime convictions
• Didn’t use weapons for the current offense
• Weren’t leaders of a drug trafficking organization

This opens the door for shorter sentences, especially for first-time and low-level drug offenders. No more unfairly long prison terms!

Who Can Benefit from Amendment 821?

So who might be able to get their sentence reduced? Amendment 821 will help nonviolent drug offenders the most – particularly those with limited criminal histories serving long sentences for low-level drug crimes. This includes:

• First-time offenders
• People with minor prior records
• People serving mandatory minimums or guideline sentences for small drug amounts
• Defendants who played minor roles in drug conspiracies

The Sentencing Commission estimates around 11,500 federal inmates could potentially see lower sentences under Amendment 821. Of course, meeting the requirements doesn’t guarantee a shorter sentence – judges will still have the final say. But it at least gives people a chance.

How to Get a Sentence Reduction

If you think you might be eligible for a reduced sentence, here are the steps:

1. Amendment 821 takes effect November 1, 2023. After that date, you can file a motion asking the court to lower your sentence.
2. The judge will review your case and decide if you qualify for a reduction.
3. If you’re eligible, the court will hold a resentencing hearing.
4. At the hearing, the judge decides whether to actually reduce your sentence – and by how much.

Even if you qualify, the judge has discretion whether to lower your sentence at all. But Amendment 821 at least gives you a shot.

Definitely talk to your defense lawyer about seeking a reduction if you’re eligible. An experienced attorney can help get your sentence lowered as much as possible.

Why Amendment 821 Matters

This change has been a long time coming. For years, thousands of low-level drug offenders have received extremely harsh sentences under rigid mandatory minimum laws. Amendment 821 is finally giving judges more flexibility and discretion.

This will help reduce mass incarceration and bring more fairness back into drug sentencing. Of course, violent offenders and kingpins won’t get any breaks. But a lot of minor drug offenders – many of them young people – will finally get a second chance.

Reduced sentences won’t automatically happen. But Amendment 821 offers new hope and opportunities if you or a loved one is serving federal time for a drug charge. Don’t hesitate to explore your options!

I hope this breakdown helps explain everything clearly. Let me know if you have any other questions!

References

[1] United States Sentencing Commission, “U.S. Sentencing Commission Votes to Allow Retroactive Sentence Reductions and Announces Its Next Set of Policy Priorities,” August 24, 2023

[2] Chapman Law Group, “Amendment 821 Sentence Reduction | Post Conviction Relief,” September 2, 2023

[3] Federal Criminal Lawyers, “An Introduction to Amendment 821 for Reduced Drug Sentences,” October 3, 2023