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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.
The National Association of Defense Lawyers (NACDL) respectfully submits the following comments on these important proposed amendments.
The National Association of Defense Lawyers (NACDL) respectfully submits the following comments on the Commission’s possible policy priorities for the amendment cycle ending May 1, 2024.
NACDL is pleased to see the U.S. Sentencing Commission proposing amendments the Sentencing Guidelines that seek to address the unfair practice of allowing acquitted conduct to be considered as relevant conduct under Sentencing Guideline Section 1B1.3.
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.
Coalition letter to the House Judiciary Committee regarding legislation to address the judicial discretion that allows for factoring into sentencing conduct acquitted by a jury, as proposed in Prohibiting Punishment of Acquitted Conduct Act of 2021 (H.R. 1621).
Letter to Senate leadership regarding federal sentencing reform proposals that begin to address shortcomings and disparities. See the COVID-19 Safer Detention Act of 2021 (S. 312), the First Step Implementation Act of 2021 (S. 1014), the Prohibiting Punishment of Acquitted Conduct Act of 2021 (S. 601), the EQUAL Act (S. 79), the Kenneth P. Thompson Begin Again Act (S. 2502), and the Driving for Opportunity Act (S. 998).
Letter to the U.S. Sentencing Commission regarding proposed 1997 Amendments.
Statement to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines manual.
Coalition letter to Senate Judiciary leadership regarding pending legislation to properly apply sentencing law and further implement the FIRST STEP Act of 2018 and work toward eliminating disparities in an effort to protect vulnerable incarcerated people and promote relief opportunities.
Coalition letter to the Senate Judiciary Committee regarding legislation to address the judicial discretion that allows for factoring into sentencing conduct acquitted by a jury, as proposed in Prohibiting Punishment of Acquitted Conduct Act of 2021 (S. 601).
Coalition letter to the Senate Judiciary Committee regarding a renewed proposal to ban judges from determining sentences influenced by conduct acquitted by a jury, as addressed in the Prohibiting Punishment of Acquitted Conduct Act of 2021 (S. 601).
Coalition letter to the Senate Judiciary Committee regarding the Prohibiting Punishment of Acquitted Conduct Act of 2019 (S. 2566).
Amicus curiae brief of the National Association of Criminal Defense Lawyers, the National Association of Federal Defenders and the American Civil Liberties Union of the Nation’s Capital in support of appellants, urging reversal.
