In April 2014 Deputy Attorney General James Cole announced a set of criteria the Justice Department will consider when reviewing clemency petitions from federal prisoners. Below are Instructions and Reference Materials for evaluating whether applicants meet the criteria and what is required in a clemency package. For frequently asked questions on the Justice Department's clemency initiative, see the Clemency Project 2014 Overview and FAQ's. Special Instructions for Clemency Package
Special Instructions for Time Served Requirement Special Instructions for Non-Violent Offender/History of Violence Special Instructions for Determining Whether the Sentence Would be Lower Today All Cases Drug Cases
The following individuals prepared or contributed to these materials:
Amy Baron-Evans, Jennifer Niles Coffin, Janet Hinton, Sarah Gannett, Paresh Patel, Sapna Mirchandani, Molly Roth, Michael Holley, Rosemary Cakmis, Renee Pietropaolo, MiAngel Cody, Davina Chen, Mark W. Osler, JaneAnne Murray, Todd R. Bussert and Hank Sadowski.
Instructions for Every Case
- How a Sentence for a Drug Offender May be Lower if Imposed Today
- How a Person Whose Sentence Was Previously Enhanced Based on a "Felony Drug Offense" under 21 U.S.C. § 851 Would Receive a Lower Sentence Today
- Would an Enhancement for Accidental Death or Serious Bodily Injury Resulting from the Use of a Drug No Longer Apply Under the Supreme Court's Decision in Burrage v. United States, 134 S. Ct. 881(2014), and Alleyne v. United States, 133 S. Ct. 2151 (2013)?
- Would the Supreme Court's Decision in Alleyne v. United States, 133 S. Ct. 2151 (2013), Lead to a Lower Sentence Today?
- How a Person Previously Sentenced as a "Career Offender" Would Likely Receive A Lower Sentence Today
- California "Wobblers": How to Determine Whether a Prior California Conviction Was a Felony or Misdemeanor
- Drugs Minus Two - Amended Drug Quantity Tables at USSG §§ 2D1.1(c) and 2D1.11(d) (Effective Nov. 1, 2014)
- How to Deal with the Retroactive Drugs Minus Two Amendment
- Attorney General's Charging Policies:
- Memorandum to All Federal Prosecutors from Eric H. Holder, Jr., Attorney General, Department Policy on Charging and Sentencing at 2 (May 19, 2010)
- Memorandum from Eric H. Holder, Jr., Attorney General, to the United States Attorneys and Assistant Attorney General for the Criminal Division on Department Policy on Charging Mandatory Minimum Sentences and Recidivist Enhancements in Certain Drug Cases (Aug. 12, 2013)
- Memorandum from Eric H. Holder, Jr. Attorney General, to the United States Attorneys and Assistant Attorney General for the Criminal Division on Retroactive Application of Department Policy on Charging Mandatory Minimum Sentences and Recidivist Enhancements in Certain Drug Cases (Aug. 29, 2013)
- Memorandum to All Federal Prosecutors from Eric H. Holder, Jr., Attorney General on § 851 Enhancements in Plea Negotiations (9/24/14)
- How a Person Who Was Convicted of a Firearms Offense, or Was Convicted of a Drug Offense and Received a Guideline Increase Because a Firearm "Was Possessed," May Qualify for Commutation
- How a Person Who Was Sentenced Under ACCA, 18 U.S.C. § 924(e), Would Likely Receive a Lower Sentence Today
- Would the Supreme Court's Decision in Alleyne v. United States, 133 S. Ct. 2151 (2013), Lead to Lower Sentence Today?
- How a Sentence for an Immigration Offense May be Lower if Imposed Today