Defense lawyers have long been arguing that the way the guidelines treat folks with no criminal history is too harsh. Judges have mostly ignored these arguments for the past 30 years.
Well, now the Sentencing Commission has jumped in and said that folks with no criminal history (and no violence) should get an additional 2 levels off of their sentence. AND it's going to be retroactive.
From Reuters:
The United States Sentencing Commission (USSC), in a 4-to-3 vote, allowed for delayed retroactive application of Amendment 821 relating to criminal history—meaning that certain currently incarcerated individuals could be eligible for reduced sentences made effective beginning on February 1, 2024 (unofficial text). Amendment 821 creates a new Chapter Four guideline at §4C1.1 (Adjustment for Certain Zero-Point Offenders) providing a decrease of two levels from the offense level determined under Chapters Two and Three for defendants who did not receive any criminal history points under Chapter Four, Part A and whose instant offense did not involve specified aggravating factors. In short, for many white collar crimes and lower-level drug offenses, it could mean months or years off of a sentence.
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The USSC estimated in its July 2023 Impact Analysis that retroactive application would carry a meaningful impact for many currently incarcerated individuals:
11,495 incarcerated individuals will have a lower sentencing range under Part A of Amendment 821 relating to “Status Points” with a possible sentence reduction of 11.7%, on average.
7,272 incarcerated individuals would be eligible for a lower sentencing range based upon the established criteria under Part B of Amendment 821 relating to “Zero-Point Offenders” with a possible sentence reduction of 17.6%, on average.
5 comments:
Can't wait for some lawyers to start promising inmates that for 50k they GUARNTEE they can get the district judge to revisit and reduce their sentence, and for an extra 50k, they will even argue 3553 factors that occurred post sentencing.
Some rude, inexperienced, JUNIOR judge will find a way not to lower them...
Too many innocent people charged with white-collar crimes. Most likely first time offenders. We should not lock them up. Specifically Doctors and medical professionals. They should all be given a Probation time and community hours at. our local hospitals.
I don’t know if anyone has been in an emergency room lately but most of the time you have to wait hours to see a doctor and there is not enough nurses.
There is a serious shortage of medical professionals. Let’s change that.
Let’s see what the former Chief Judge in the SDFL K. Michael Moore does now he’s been abusing his discretion for years and this amendment falls to the judges Discretion GOOD LUCK WITH THAT JUDGE he loves hanging defendants.
I second the Judge "More Time" Moore comment. He treats every body with such disdain and hammers them for the most time he can. He has not compassion or understanding of the need for rehabilitation and not just punishment. Community service is a better solution to assist society rather than the cost to imprison and utterly destroy a human being's sense of self. Do not be fooled the criminal justice system overseen by the BOP is not intended to rehabilitate and reincorprate into society. A debt has to be repaid for violating the law but it must be measured and utlimately result in a benefit to society. Check out the Norwegian system and their recidivism. We are in the medieval stage of societal development when it comes to criminal "justice" system in the United States.
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