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Explore the recent amendments to the Federal Sentencing Guidelines that took effect on November 1, 2023, in particular those that permit for a reduction in sentence. They will offer a comprehensive overview of the these amendments, the government’s latest position on them, and practice tips on making the most of them for your clients.
NACDL respectfully submits the following comments on whether recently promulgated amendments should be included in the Guidelines Manual as changes that may be applied retroactively to previously sentenced defendants. These comments address Amendment 1 (relating to acquitted conduct). NACDL also supports retroactivity for Parts A and B of Amendment 3 and Part D of Amendment 5 and adopts the comments of the Federal Defenders on those amendments.
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.
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).
Find helpful compassionate release motions and decisions involving 1.B1.13
Memorandum Granting Compassionate Release
Order granting motion for compassionate release
Motion (April 23, 2021)
Response (may 21, 2021)
Reply (June 3, 2021)
Order (June 23, 2021)
Motion to Stay (Feb. 26, 2021)
Joint Stipulated Motion to Lift Stay (Sept. 10, 2021)
Supplemental Motion (Sept. 15, 2021)
Gov. Response (Sept. 16, 2021)
Order (Sept. 16, 2021)
Compassionate Release Motion (filed under seal/unavialable)
Gov Response in Opposition (Sept. 7, 2021)
Motion for Leave to File Reply Brief (required in the MDFL)
Reply Brief (Oct. 7, 2021)
Order (Mar. 15, 2022)
Opinion and Order
Order granting motion to reduce sentence
Memorandum Opinion Granting Compassionate Release
Opinion from the Eleventh Circuit
