RECORDING - Retroactive Application Of New Criminal History Guidelines Amendment 821
This webinar, presented by Adeel Bashir and Sapna Mirchandani was live on November 14th 2023 and provides information on Retroactive Application Of New Criminal History Guidelines Amendment 821. On April 27, 2023, the Sentencing Commission submitted to Congress an amendment to the federal sentencing guidelines often referred to as "Amendment 821" or "2023 Criminal History Amendment." On August 24, 2023, Commissioners voted to allow delayed retroactive application to Amendment 821 Part A and subpart 1 of Part B. Part A limits the overall criminal history impact of "Status Points" at USSG SS4A1.1. Part B, Subpart 1 creates a new Chapter Four guideline at USSG SS4C1.1 decreasing by two the offense levels for defendants who did not receive any criminal history points and whose instant offense did not involve specific aggravating factors. If Congress does not act to reject the amendment, thousands of eligible incarcerated individuals will be able to ask courts to reduce their sentences beginning November 1, 2023. Orders granting retroactive relief under the amendment cannot have an effective date prior to February 1, 2024. This webinar will discuss who is eligible for retroactive application, how to make a motion for reduced sentence, what the judge considers when deciding to grant a reduction, limitations on the extent of the reduction a court can make, and strategies to maximize the impact of relief to currently incarcerated individuals.