Coalition Letter to USSC on the Trial Penalty as a Priority (November 2023)
The undersigned groups are pleased to see that the U.S. Sentencing Commission has made the comparing of sentences imposed in cases disposed of through trial versus plea one of its priorities for the amendment cycle ending May 1, 2024. As groups with significant experience examining the trial versus plea sentencing disparity, we respectfully request a meeting with Commissioners or staff or both who are working on this important issue.
- Comments to USSC on Proposed Priorities for the 2024 Amendment Cycle (August 2023)
Comments to USSC on Retroactivity of the Criminal History Amendment (June 2023)
NACDL hereby responds to the Commission’s request for comment on the retroactive application of Part A of the 2023 Criminal History Amendment which limits, and, in some cases, eliminates status points under USSG § 4A1.1(d), and Part B, Subpart 1 of this year’s Criminal History Amendment, which amends USSG § 4C1.1 to provide for a two-level downward adjustment for “zero-point offenders.” NACDL endorses retroactive application for both provisions without limitation.
Comments to USSC on Proposed Amendments to Guidelines, Policy Statements & Commentary (March 2023)
NACDL supports the Commission’s proposed amendment to §1B1.13, with some suggested modifications, and supports Option 3 to (b)(6). After reviewing the Commission’s recent hearings on this proposed amendment as well as the submitted written testimony, NACDL focuses its comments on proposals (b)(5), (b)(6), and (b)(4).
- Statement to USSC on Proposed Guideline Amendments Related to Acquitted Conduct (February 2023)
Comments to the USSC on Priorities for the 2023 Amendment Cycle (October 2022)
We respectfully submit the following comments on the Commission’s tentative priorities for the amendment cycle ending May 1, 2023, with a particular focus on the implementation of the First Step Act of 2018. … In this current cycle, we welcome the Commission’s focus on the decarceration focus of the First Step Act, as well as all efforts to reduce the rate of incarceration in federal cases, the size and racial disparities of our federal incarcerated population, and the guideline rigidity that discourages or limits the recognition of each offender’s humanity and redemptive potential.
- Letter to the USSC on Priorities for the 2019 Amendment Cycle (August 2018)
Comments to USSC on Proposed 2017 Amendments to the Sentencing Guidelines (February 2017)
The National Association of Criminal Defense Lawyers (NACDL) welcomes the opportunity to submit comments on the Commission’s Proposed Amendments to the Sentencing Guidelines, dated December 19, 2016 (the “Amendments”). … NACDL adopts the Federal Defender’s comments, and here offers additional comments regarding these topics.
- Comments to USSC on Proposed 2016 Amendments (March 2016)
- Written Statement to USSC on Proposed Amendments to the Sentencing Guidelines (November 2015)
- Comments to USSC on Proposed 2015 Amendments (March 2015)
Comments to USSC on Retroactivity of Amendment 3 (July 2014)
NACDL hereby responds to the Commission’s request for comment on retroactive application to Amendment 3 from this year’s amendment cycle, which decreased the drug table set forth in USSG §2D1.1 by two-offense levels across all drug types and without limit to any specific offender characteristics. NACDL joins with the Federal Defenders and the Practitioners Advisory Group in whole-heartedly endorsing retroactivity without any limitation.
- Comments to USSC on Proposed 2014 Amendments (March 2014)
- Letter to the USSC on Priorities for the 2014 Amendment Cycle (July 2013)
- Comments to USSC on Proposed 2013 Amendments (March 2013)
- Comments to USSC on Proposed 2012 Amendments (March 2012)
- Statement to USSC on Federal Sentencing Since the Booker Decision (February 2012)
- Statement to the USSC on Applying the Fair Sentencing Act Retroactively (June 2011)
- Comments to USSC on Proposed 2011 Amendments (March 2011)
- Statement to USSC on Proposed Permanent Amendments to the Guidelines (March 2011)
- Comments to USSC on Fair Sentencing Act of 2010 (October 2010)
- Statement to the U.S. Sentencing Commission on Federal Mandatory Minimum Sentencing (May 2010)
- Comments to USSC on Proposed 2010 Amendments to the Sentencing Guidelines (March 2010)
- Comments to USSC on Cocaine and Federal Sentencing Policy (November 2006)
- Comments on USSC Sentence Reduction Motions (July 2006)
- Coalition Comments to USSC on Proposed 2006 Amendments (March 2006)
- Testimony to USSC on Amending Commentary on Waiving Attorney-Client Privilege (March 2006)
- Coalition Comments to the USSC on Priorities for the 2006 Amendment Cycle (August 2005)
- Letter to the USSC on Proposed 2005 Amendments in Light of the Booker Decision (March 2005)
- Comments with the Electronic Frontier Foundation to USSC on CAN-SPAM Act of 2003 (March 2004)
- Comments to USSC on Proposed 2004 Amendments (February 2004)
- Statement to USSC on Proposed Amendments to the Sentencing Guidelines (March 2003)
- Comments to USSC on Proposed 2003 Amendments to the Sentencing Guidelines (March 2003)
- Coalition Letter to USSC on Cocaine Sentencing (February 2003)
- Statement to USSC on Proposed Amendments to the Sentencing Guidelines (March 2002)
- Statement to the U.S. Sentencing Commission on Proposed Ecstasy Sentencing Guidelines (March 2001)
- Comments to USSC on Proposed 1997-1998 Amendments (April 1998)
- Comments on USSC Proposed 1997-1998 Amendments (April 1997)
- Comments on USSC Proposed 1997 Amendments (March 1997) - Part II
- Comments on USSC Proposed 1997 Amendments (March 1997) - Part I
- Comments on USSC Proposed 1997 Emergency Amendments (February 1997)
- Letter on USSC Proposed 1997 Emergency Amendments (February 1997)
- Comments on USSC Proposed 1997 Amendments (December 1996)
- Comments on USSC Rules of Practice and Procedure (December 1996)
- Comments to USSC on the Federal 100-to-1 Crack-Powder Cocaine Sentencing Disparity (April 1995)
- Comments on USSC Proposed 1994 Amendments (March 1994)
- Comments on USSC Proposed 1993 Amendments (March 1993)
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