ALERT 2020 Update for November 1, 2023 – THE AMENDMENTS ARE HERE!!

ALERT 2020 Update for November 1, 2023 – THE AMENDMENTS ARE HERE!!

The new official revised version of the U.S. Sentencing Guidelines is out today. This date is especially exciting because the new November 2023 Guidelines are the first substantively new version of the book since 2018 because the U.S. Sentencing Commission was without a quorum for nearly four years.

Here are the 2023 USSG Amendments In Brief –

Amendment 814 – Reduction in Sentence Pursuant to Section 3582(c)(1)(A)

The amendment revises §1B1.13 (colloquially referred to as the Commission’s “Compassionate Release” policy statement) to reflect that a defendant is now authorized to file a motion under 18 U.S.C. § 3582(c)(1)(A), making §1B1.13 applicable to both defendant filed and BOP-filed motions.
The amendment expands the list of “extraordinary and compelling reasons” in five ways to better account for the plain language of section 3582(c)(1)(A) and its legislative history, to reflect the reasons relied upon by many courts after passage of the First Step Act in the absence of a binding policy statement, and to account for recent experiences—including those pertaining to the pandemic:

(1) adds “Medical Circumstances” subcategories;
(2) modifies the “Family Circumstances” category;
(3) adds a “Victim of Abuse” category;
(4) revises the “Other Reasons” category; and
(5)adds an “Unusually Long Sentences” category, permitting consideration of non-retroactive changes in law in a narrow set of circumstances.

Amendment 815 – Crime Legislation

In addition to amendments separately addressing the First Step Act and Bipartisan Safer Communities Act, this multi-part amendment responds to the following recently enacted legislation largely by amending Appendix A (Statutory Index) to reference new offenses established by the Acts.

Amendment816 – Sexual Abuse Offenses

The amendment first creates Appendix A references for new offenses created by the Violence Against Women Act (VAWA) Reauthorization Act of 2022 at 18 U.S.C. § 250 concerning sexual misconduct while committing civil rights offenses and 18 U.S.C. § 2243(c) concerning sexual abuse of an individual in federal custody.

Amendment 817 – Safety Valve Provision

The amendment implements the provision of the First Step Act expanding the applicability of the safety valve provision by amending §5C1.2 and its corresponding commentary to reflect the broader class of defendants who are eligible for safety valve relief under the Act.
The amendment also revises §5C1.2(b) to account for the expanded class of defendants who qualify for safety valve relief. Section 5C1.2(b) implemented Congress’s directive requiring that the guideline minimum be at least 24 months for defendants whose statutorily required minimum sentence was at least five years by providing a minimum offense level of 17 for such offenders.
Additionally, the amendment makes conforming changes to §4A1.3, which references the number of criminal history points permitted under §5C1.2(a)(1).

Amendment 818 – Fake Pills

The amendment add a 2-level enhancement at §2D1.1(b)(13) for cases where the defendant represented or marketed as a legitimately manufactured drug another mixture or substance containing fentanyl (Nphenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide) or a fentanyl analogue, and acted with willful blindness or conscious avoidance of knowledge that such mixture or substance was not the legitimately manufactured drug.

Amendment 819 – Firearms

The amendment responds to the Bipartisan Safer Communities Act, which directs the Commission to increase certain firearms penalties (e.g., straw purchases, trafficking in firearms, organized crime affiliation).

Amendment 820 – Acceptance of Responsibility

The amendment defines the term “preparing for trial,” which appears in §3E1.1(b) and Application Note 6 to §3E1.1. The amendment defines “preparing for trial” as “substantive preparations taken to present the government’s case against the defendant to a jury (or judge, in the case of a bench trial) at trial.”
The amendment also deletes hortatory language that the Commission previously added to Application Note 6 providing that the “government should not withhold such a motion based on interests not identified in §3E1.1, such as whether the defendant agrees to waive his or her right to appeal.”

Amendment 821 – Criminal History – Becomes effective February 1, 2024

Part A of the amendment addresses “Status Points,” decreasing them by one point for individuals with seven or more criminal history points and eliminating Status Points for those with six or less criminal history points.
Part B creates a new §4C1.1 guideline that provides a decrease of two offense levels for “Zero-Point Offenders” (no criminal history points) whose offense did not involve specific aggravating factors.
The amendment revises §5C1.1 to provide guidance regarding the appropriateness of a sentence other than prison for certain first offenders—as directed by 28 U.S.C. § 994(j).
Part C amends the §4A1.3 Commentary to include prior marijuana possession sentences as an example of when a downward departure may be warranted for criminal history reasons.

COMMENT:

The Amendments are finally here. We suggest that you read the Brief summary carefully to explain USSG Amendments. Those motions can now be filed with the exception of Amendment 821, which becomes effective on February 1, 2023. We can help you file them correctly also. If you want to know whether you qualify, we suggest that you opt for a Written Case Evaluation (WCE) ASAP to make that determination. A WCE will also suggest any other relief available for you. As such, if you believe you have a Rahimi, Dubin, Range/Bruen, Rehaif, Taylor, Concepcion, Ruan, Davis, Earned Time Credit or any other claim and want to see if you may have relief coming, we suggest that you opt for a WCE. WE NO LONGER OFFER FREE LOOKUPS.

For the last 29 years, we have been very successful on § 3582(c)(2) motions, direct appeals, §2255 motions, § 2241 Petitions, First Step Act and Compassionate Release Motions, DC Superior Court Petitions, State Post Conviction, Clemencies and Pardons to mention a few avenues for relief we cover. We also can help you with Earned Time Credits and other specialized motions. The WCE is an excellent tool to see what can be done for you at any stage of the proceedings. It is thorough and detailed from day one of your case with our recommendations of any remedies available to gain relief.

If you are serious about fighting your case and want us to evaluate your case to see if you may have relief coming, request a Written Case Evaluation.