Amendment 821 Sentence Reduction: 6 Essential Pieces of Data for Eligibility Assessment

U.S. Sentencing Commission report lists estimated number of defendants eligible for a retroactive reduction by district and type of offense.

In the video, we’ll cover the following:

Final Offense Level (1-43)

Final Offense Level: When a defendant is sentenced, the court determines the level of the offense, ranging from 1 to 43. Understanding this final offense level is fundamental to evaluating eligibility for the sentence reduction.

Criminal History Points (0-13+)


Criminal History Points: The US Sentencing Commission has established a scale to measure a defendant’s criminal history. Criminal history points typically range from 0 to 13, although rare cases may exceed 13.

It’s important to note that criminal history points are distinct from the criminal history category, which is represented by Roman numerals from 1 to 6.

See the below chart to understand the relationship between Criminal History Category and Criminal History Points. Where Amendment 821 is concerence, we are interested only in the Criminal History POINTS: 

Criminal History Points

Defendant's Sentence Imposed (in months)

Defendant’s Sentence Imposed: The actual sentence imposed on the defendant in months is a critical piece of information to consider. Mandatory Minimum: Determine if a mandatory minimum sentence was applied and, if so, the duration in months. This aspect plays a significant role in assessing eligibility for the sentence reduction. Five K 1.1 Downward Departure: Was a five K 1.1 downward departure granted to the defendant for their cooperation with the authorities? This factor can impact the potential reduction in the sentence. Time Served: The duration of time the defendant has already served is an essential element to consider in the eligibility assessment. While there are additional requirements for determining eligibility, obtaining these six key pieces of data is crucial in assessing qualification and understanding the potential amended sentence range under Amendment 821. We hope this video has provided you with a clear overview of the essential information you need. If you found this content helpful, please let us know in the comments. Remember to like, share, and subscribe for more plain language summaries demystifying federal sentencing. At Sentencing Stats, our mission is to simplify the federal sentencing process for defendants, their families, and legal professionals. Visit sentencingstats.com or amendment821.com for more information or to get in touch with our team. Thank you for watching, and we look forward to empowering you with knowledge about federal sentencing. Please note, this is not legal advise and supplied for educational purposes only. It’s always recommended to hire a qualified licensed attorney when facing issues related to Federal Sentencing. #amendment821 #zeropointoffender #federalsentencing 

Mandatory Minimum Sentence (in months)

Mandatory Minimum: Determine if a mandatory minimum sentence was applied and, if so, the duration in months. This aspect plays a significant role in assessing eligibility for the sentence reduction. Five K 1.1 Downward Departure: Was a five K 1.1 downward departure granted to the defendant for their cooperation with the authorities? This factor can impact the potential reduction in the sentence. Time Served: The duration of time the defendant has already served is an essential element to consider in the eligibility assessment. While there are additional requirements for determining eligibility, obtaining these six key pieces of data is crucial in assessing qualification and understanding the potential amended sentence range under Amendment 821. We hope this video has provided you with a clear overview of the essential information you need. If you found this content helpful, please let us know in the comments. Remember to like, share, and subscribe for more plain language summaries demystifying federal sentencing. At Sentencing Stats, our mission is to simplify the federal sentencing process for defendants, their families, and legal professionals. Visit sentencingstats.com or amendment821.com for more information or to get in touch with our team. Thank you for watching, and we look forward to empowering you with knowledge about federal sentencing. Please note, this is not legal advise and supplied for educational purposes only. It’s always recommended to hire a qualified licensed attorney when facing issues related to Federal Sentencing. #amendment821 #zeropointoffender #federalsentencing       

§5K1.1 Downward Departure

§5K1.1 Downward Departure: Was a §5K1.1 downward departure granted to the defendant for their cooperation with the authorities? This factor can impact the potential reduction in the sentence.
Time Served: The duration of time the defendant has already served is an essential element to consider in the eligibility assessment.       .

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We are sharing this guide to help people understand what data they need to gather to assess Amendment 821 eligibility. Feel free to send a link to this page, post on social or download a free pdf copy of this graphic to share with anyone who may benefit. 

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Need to get Verified?

We offer an Amendment 821 verified assessment for $49. If you choose to get verified, one of our legal professionals will help you gather all of the appropriate information and legal documents. Our team will then review the details of your case and determine: A. if the defendant will likely qualify, B. what the amended sentence range will likely be and C. offer a sentence prediction based on our proprietary data and analysis tools. Currently verifications take up to a week, although we do foresee a backlog so it’s advisable to seek verification sooner than later. 

NOTE: This is not a replacement for legal representation and if you are unrepresented, it’s critical you seek legal representations. Verified sentencing data assessments are not legal advice. 

amendment 821 resentencing reduction calculator

Would you like to know how much a judge can reduce a qualified defendant’s sentence, under an Amendment 821 motion? Our Amendment 821 Resentencing Reduction Calculator will give you the answer in seconds. 

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