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.

Brief of Amici Curiae National Association of Criminal Defense Lawyers, FAMM, and Federal Public Defenders and Community Defenders for the Judicial Districts of the Third Circuit in Support of Appellant and Reversal

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).

We submit these comments on the interim rule, published by BOP on December 5, 2013 … on sentence reduction for extraordinary and compelling reasons. The first provision codifies existing practice by which, when considering a prisoner for reduction in sentence, the General Counsel solicits the opinion of the United States Attorney in the district in which the prisoner was sentenced. The second provision provides that the Bureau’s “final decision is subject to the general supervision and direction of the Attorney General and Deputy Attorney General.” Neither provision should be adopted.

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 Amici Curiae National Association of Criminal Defense Lawyers and FAMM in Support of Defendant/Appellee’s Petition for Rehearing and/or Rehearing En Banc.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant Thomas Bryant, Jr., Supporting Reversal.

Brief of Amici Curiae Public Defender Service and National Association of Criminal Defense Lawyers in Support of Appellant.

Brief for Amici Curiae Center on the Administration of Criminal Law, FAMM, National Association of Criminal Defense Lawyers, and Washington Lawyers’ Committee for Civil Rights and Urban Affairs, in Support of Appellant and Reversal