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Federal Sentence Reductions
If you or someone you know has been sentenced in federal court and is looking for a way to potentially reduce that sentence, you’ve come to the right place. Federal sentence reductions can be a complex and confusing topic, but don’t worry – we’re here to break it all down for you in a way that‘s easy to understand.First off, let’s talk about what exactly a federal sentence reduction is. Essentially, it’s a way for someone who has already been sentenced by a federal judge to potentially get that sentence reduced after the fact. There are a few different ways this can happen, which we’ll dive into more detail on in a bit.Now, you might be wondering – why would a judge agree to reduce someone‘s sentence after they’ve already been sentenced? Well, there are a few reasons this could happen. Maybe there was a change in the law that would have resulted in a lower sentence if the person was being sentenced today. Or maybe the person has shown exceptional rehabilitation efforts while in prison. In some cases, a sentence reduction could be granted if the person provided “substantial assistance” to the government in investigating or prosecuting another case.It’s important to note that getting a federal sentence reduction is not easy, and it’s not guaranteed. There are a lot of factors that come into play, and ultimately it’s up to the judge to decide whether or not to grant the reduction. But if you or a loved one are in a position where a sentence reduction could be possible, it’s definitely worth exploring your options.So, let’s dive into the nitty-gritty of how federal sentence reductions actually work. There are a few different avenues you can pursue:
1. 18 U.S.C. § 3582(c)(1)(A) – Compassionate Release
This is a type of sentence reduction that can be granted if there are “extraordinary and compelling reasons” warranting a reduction. This could include things like a terminal illness, a serious medical condition, or the death or incapacitation of the caregiver of the person’s minor children.To be eligible for compassionate release, you first have to exhaust your administrative remedies by submitting a request to the warden of your facility. If the warden denies your request or doesn’t respond within 30 days, you can then file a motion with the court.It’s important to note that just meeting one of the “extraordinary and compelling” criteria isn’t necessarily enough to be granted compassionate release. The judge will also consider factors like your criminal history, the nature of your offense, your behavior while in prison, and whether you pose a danger to the community.Some examples of people who have been granted compassionate release include:
- A 65-year-old man with terminal cancer who had served 10 years of a 20-year sentence for a drug offense
- A woman who had served 15 years of a life sentence for a drug offense and was the sole caregiver for her daughter with special needs
- A 70-year-old man with severe heart disease who had served 25 years of a life sentence for a nonviolent drug offense
2. Amendment 782 – Drugs Minus Two
This is a retroactive amendment to the federal sentencing guidelines that reduced the base offense levels for most federal drug offenses by two levels. It went into effect on November 1, 2014, and allowed eligible individuals to file a motion for a sentence reduction.To be eligible for a sentence reduction under Amendment 782, you had to meet the following criteria:
- Your offense had to involve a drug quantity that was changed by the amendment
- Your original sentence had to be based on the drug quantity
- You had to be serving a sentence that was greater than the minimum of the amended guideline range
If you met these criteria, you could file a motion with the court to have your sentence reduced. The judge would then consider factors like your criminal history, your behavior while in prison, and whether you pose a danger to the community in deciding whether to grant the reduction.According to the U.S. Sentencing Commission, as of January 2023, over 31,000 people had received a sentence reduction under Amendment 782, with an average reduction of 25 months.1
3. The First Step Act
The First Step Act was a criminal justice reform bill that was signed into law in December 2018. Among other things, it made several changes to federal sentencing laws that allowed for sentence reductions in certain cases.One of the key provisions of the First Step Act was the expansion of the “safety valve” for mandatory minimum sentences. The safety valve allows judges to sentence below the mandatory minimum in certain drug cases if the defendant meets certain criteria, including having a minimal criminal history and not using violence or weapons in the offense.The First Step Act expanded the safety valve to include more people by increasing the criminal history criteria and removing the requirement that the defendant provide information to the government. This means that more people are now eligible for a sentence below the mandatory minimum in drug cases.Another provision of the First Step Act that allows for sentence reductions is the retroactive application of the Fair Sentencing Act of 2010. The Fair Sentencing Act reduced the disparity between crack and powder cocaine sentences, but it only applied to cases going forward. The First Step Act made those changes retroactive, meaning that people who were sentenced before the Fair Sentencing Act could now file a motion for a sentence reduction.According to a report by the U.S. Sentencing Commission, as of January 2023, over 4,000 people had received a sentence reduction under the First Step Act’s retroactive application of the Fair Sentencing Act, with an average reduction of 71 months.2
4. Rule 35 – Correcting or Reducing a Sentence
Rule 35 of the Federal Rules of Criminal Procedure allows for the correction or reduction of a sentence in certain limited circumstances.Under Rule 35(a), the court can correct a sentence that resulted from “arithmetical, technical, or other clear error” within 14 days after sentencing. This is a very limited window and is typically used to correct obvious mistakes, like a miscalculation in the sentencing guidelines.Under Rule 35(b), the court can reduce a sentence if the defendant provided “substantial assistance” to the government after sentencing. This could include testifying against a co-defendant, providing information that leads to the prosecution of others, or helping to solve other crimes.To be eligible for a sentence reduction under Rule 35(b), the government has to file a motion with the court within one year of sentencing. In some cases, the government can file a motion later than one year if the defendant‘s assistance involved information not known to them until more than a year after sentencing or if the usefulness of the information could not have been anticipated within that first year.It’s important to note that even if the government files a Rule 35(b) motion, the decision to reduce the sentence is ultimately up to the judge. The judge will consider factors like the significance and usefulness of the assistance, the truthfulness and completeness of the information provided, and any danger or risk of injury to the defendant or their family as a result of the assistance.
So, what does all of this mean for you?
If you or a loved one are serving a federal sentence and think you might be eligible for a sentence reduction, the first step is to speak with an experienced criminal defense attorney. They can help you navigate the complex legal process and determine which avenue for relief might be available to you.It’s also important to keep in mind that getting a sentence reduction is not guaranteed, even if you meet all the eligibility criteria. The decision is ultimately up to the judge, who will consider a variety of factors in making their decision.That being said, if you are eligible for a sentence reduction, it‘s definitely worth pursuing. A reduction of even a few months or years can make a big difference in your life and the lives of your loved ones.
Real-Life Examples
To help illustrate how federal sentence reductions work in practice, let‘s look at a few real-life examples:
- John was sentenced to 20 years in federal prison for a drug offense in 2010. In 2019, he filed a motion for a sentence reduction under the First Step Act’s retroactive application of the Fair Sentencing Act. The court granted his motion and reduced his sentence to 15 years, making him eligible for immediate release.
- Maria was sentenced to life in prison for a drug offense in 2005. In 2020, she filed a motion for compassionate release due to her age (68) and various health problems, including diabetes and hypertension. The court granted her motion and reduced her sentence to time served, allowing her to be released from prison.
- David was sentenced to 10 years in federal prison for a drug offense in 2018. In 2020, he provided substantial assistance to the government by testifying against a co-defendant in a related case. The government filed a Rule 35(b) motion to reduce his sentence, which the court granted, reducing his sentence to 7 years.
These examples show that federal sentence reductions can make a real difference in people’s lives, whether it’s through retroactive changes to the law, compassionate release, or providing substantial assistance to the government.
The Bottom Line
Federal sentence reductions are a complex and often confusing topic, but they can provide a glimmer of hope for those serving long sentences in federal prison. If you or a loved one are in this situation, the most important thing you can do is educate yourself on your options and seek the guidance of an experienced criminal defense attorney.Remember, getting a sentence reduction is not easy and it’s not guaranteed. But if you are eligible, it‘s definitely worth pursuing. A reduction of even a few months or years can make a big difference in your life and the lives of your loved ones.So don’t give up hope. Keep fighting for your rights and your freedom. And know that there are people out there who are fighting for you too.