• • Does the defendant have zero prior convictions? 
  • If no, was the conviction outside the time limits of USSG 4A1.2 (d) and (d) OR the prior conviction ignored for reasons other than “staleness”?
  • Are all of the following true?
    • Sentence did not include adjustment under 3A1.4 (Terrorism)
    • No Violence
    • Not a sex offense
    • No death or serious bodily injury
    • Defendant did not cause substantial financial hardship
    • No firearms or dangerous weapon used
    • Offense not covered by §2H1.1 (offenses Involving Individual
      Rights)
    • No hate crime or human rights offense
    • No firearms or dangerous weapon used
    • Defendant did not receive adjustment under §3B1.1
      (Aggravating Role) AND Defendant was not engaged in a continuing criminal enterprise as defined in 21 U.S.C. § 848.
  • If all above are true, has defendant been sentenced AND currently incarcerated?
  • Did defendant receive a downward departure or variance at sentencing?
  • If yes, is the original sentence imposed lower than the new range? In that case, the defendant will not qualify for the reduction.
  • Upon qualification, defendant may file a motion for re-sentencing pursuant to 18 USC 3582(c). Statistics and data may be helpful for convincing court to award adjustment. Judge rules “on the papers”. Note: reduction is not automatic. Judge must consider 3553(a) factors.

Please Note:

• • There may be additional mitigating factors such as mandatory minimums which may disqualify a defendant.
  • The Commission projects average sentence reduction of 17.6%. Average sentence may drop from 85 months to 70 months.
  • It is essential to contact an attorney or public defender to discuss legal issues specific to your case. 

NO NEED TO WAIT until 2/1/2024 to request a reduction in sentence under Amendment 821. Avoid the rush by applying early if you qualify.