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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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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.
NACDL hereby responds to the Commission’s request for comment on the retroactive application of Part A of the 2023 Criminal History Amendment which limits, and, in some cases, eliminates status points under USSG § 4A1.1(d), and Part B, Subpart 1 of this year’s Criminal History Amendment, which amends USSG § 4C1.1 to provide for a two-level downward adjustment for “zero-point offenders.” NACDL endorses retroactive application for both provisions without limitation.
NACDL hereby responds to the Commission’s request for comment on retroactive application to Amendment 3 from this year’s amendment cycle, which decreased the drug table set forth in USSG §2D1.1 by two-offense levels across all drug types and without limit to any specific offender characteristics. NACDL joins with the Federal Defenders and the Practitioners Advisory Group in whole-heartedly endorsing retroactivity without any limitation.
On behalf of the National Association of Criminal Defense Lawyers, I am grateful to the Commission for promoting dialogue on these important issues and strongly urge retroactive adoption of the elimination of the residual clause.
Friend of the Court Lisa Kemler
Brief of FAMM, the National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders as Amici Curiae in Support of Petitioner.
Amicus curiae brief of the National Association of Criminal Defense Lawyers and the Washington Association of Criminal Defense Lawyers.
Amicus curiae brief of the National Association of Criminal Defense Lawyers, National Immigration Project of the National Lawyers Guild, Immigrant Legal Resource Center and Immigrant Defense Project in support the of the petition for writ of certiorari.
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Appellant and Suggesting Reversal.
Brief Amicus Curiae National Association of Criminal Defense Lawyers, in support of defendants-appellants.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Respondent.
Brief of Juvenile Law Center, National Association of Criminal Defense Lawyers, et al. as amici curiae on Behalf of Petitioners (full list of amici in appendix to attached brief).
Brief of Juvenile Law Center, National Association of Criminal Defense Lawyers, et al. as amici curiae in Support of Appellee Edwin Ike Mares (full list of amici in appendix to linked brief).
Brief for Amici Curiae the New York State Defenders Association, Inc., New York State Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers et al., including Immigrant Defense Project (complete list of amici is available in appendix to brief linked above).
Brief of Juvenile Law Center, National Association of Criminal Defense Lawyers, et al. as amici curiae In Support of Appellants Carp, Davis and Eliason (full list of amici in appendix to attached brief).