NACDL supports the Commission’s proposed amendment to §1B1.13, with some suggested modifications, and supports Option 3 to (b)(6). After reviewing the Commission’s recent hearings on this proposed amendment as well as the submitted written testimony, NACDL focuses its comments on proposals (b)(5), (b)(6), and (b)(4).

We respectfully submit the following comments on the Commission’s tentative priorities for the amendment cycle ending May 1, 2023, with a particular focus on the implementation of the First Step Act of 2018. … In this current cycle, we welcome the Commission’s focus on the decarceration focus of the First Step Act, as well as all efforts to reduce the rate of incarceration in federal cases, the size and racial disparities of our federal incarcerated population, and the guideline rigidity that discourages or limits the recognition of each offender’s humanity and redemptive potential.

Comments with FAMM to Deputy Attorney General Lisa Monaco regarding U.S. Attorney offices requiring waiver of the right to seek compassionate release during plea negotiations.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellee.

Brief of FAMM, the National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders as Amici Curiae in Support of Petitioner.

Brief of FAMM and NACDL as Amici Curiae in Support of Petitioner (On Petition for Writ of Certiorari).

When the BOP Unlawfully Executes a Client’s Sentence Under the First Step Act

Federal defenders Stephen Sady and Elizabeth Daily offer pointers on enforcing the First Step Act time credits through administrative law and habeas corpus. They provide practitioners with practical ways to begin negotiating, then litigating when necessary, against the BOP’s failure to fully implement the First Step Act’s provisions.

The United States Sentencing Commission updated U.S.S.G. § 1B1.13, the policy statement that governs federal reduction-in-sentence motions filed pursuant to 18 U.S.C. § 3582(c)(1)(A). The legal hook for a reduction-in-sentence motion is identifying one or more “extraordinary and compelling” reasons that warrant relief. The authors provide tips for litigating § 3582(c)(1)(A) motions – both the extraordinary and compelling prong and the § 3553(a) prong.

Evolution of Federal Drug Sentencing to Compassionate Release

For John Bailey, achieving justice involved a long journey on both straight and winding roads with many obstacles along the way. But trying as it may have been, the odyssey ended by arriving at the sweetest of destinations – freedom.

National Association of Criminal Defense Lawyers Welcomes BOP Rule Allowing for the Release of Thousands Under the First Step Act – Washington, DC (Jan. 13, 2022) – Thousands will be released from federal prisons over the next weeks thanks to implementation of a rule created by the 2018 First Step Act. The rule, implemented today by the Bureau of Prisons (BOP), allows incarcerated individuals to work toward home confinement or supervised release by completing approved Evidence-Based Recidivism Reduction (EBRR) Programs and Productive Activities (PAs).

FAMM, Washington Lawyers’ Committee, NACDL Launch Emergency Compassionate Release Effort-- In a massive pro bono effort, our groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19.

Nation’s Criminal Defense Bar and Charles Koch Foundation Mark the One-Year Anniversary of the First Step Act with the NACDL First Step Act Resource Center -- Washington, DC (Dec. 19, 2019) – Saturday, December 21, marks the one-year anniversary of the signing into law of the First Step Act, a landmark bipartisan criminal justice reform measure. The Act was passed as a first step toward addressing the problems related to overcriminalization and overincarceration in the federal criminal justice system.