NACDL - National Association of Criminal Defense Lawyers

This submission addresses the Sentencing Commission’s proposed amendments regarding sentencing options and the career offender guideline. On the other proposed amendments and issues for comment not addressed in this letter, NACDL joins in the comments filed by the Federal Defenders.

This submission addresses the proposed amendments to drug sentencing; economic crimes, including the loss table and special offense characteristics, the post-offense rehabilitation adjustment; and the sophisticated means enhancement. On all other proposed amendments and issues for comment not addressed in this letter, NACDL joins in the comments filed by the Federal Defenders.

NACDL, with its diverse membership spanning state, federal, and military practice, wishes to express its views on preferred Commission priorities. The Commission puts forward multiple noteworthy priorities, and NACDL responded to those it views as most pressing. We concur with other advocates and stakeholders that current sentences are excessively long, and certain sentencing factors disproportionately affect racial minorities within the criminal legal system. Whatever issues the Commission determines to prioritize, these flaws should be foremost in considering potential amendments.

NACDL is pleased to respond to the Commission’s request for comment on the retroactive application of the Drug Offenses Amendment, Part A, Subpart 1 … and Subpart 2 ... NACDL enthusiastically endorses retroactive application for both provisions without limitation. In addition to the foregoing, NACDL agrees with the analysis and positions set forth in comments submitted by the Federal Defenders and joins in the Federal Defenders’ comments with respect to the Commission’s other requests.

We, the undersigned organizations, strongly oppose the proposed sentencing enhancements for drug trafficking offenses involving fentanyl, fentanyl analogues, and synthetic opioids adulterated with xylazine or medetomidine. As a broad coalition of criminal justice, drug policy, civil rights, and public health organizations, we advocate for a comprehensive, health-centered approach to drug policy—one that prioritizes evidence, equity, human rights, and community wellbeing.

This submission addresses the proposed amendments to (1) the Sentencing Commission’s policies regarding supervised release and (2) §2D1.1 On all other issues in the proposed amendments not addressed in this letter, NACDL joins in the comments filed by the Federal Defenders.

This submission addresses the proposed amendments to the career offender guideline, firearms-related guidelines, and guideline simplification. On all other issues in the proposed amendment cycle not addressed in this letter, NACDL joins in the comments filed by the Federal Defenders.

NACDL, with its diverse membership of 10,000 spanning state, federal, and military practice, wishes to express its views on preferred Commission priorities. We concur with other advocates and stakeholders that current sentences are excessively long, and certain sentencing factors disproportionately affect racial minorities within the criminal legal system. Whatever issues the Commission determines to prioritize, these flaws should be foremost in considering potential amendments.

NACDL respectfully submits the following comments on whether recently promulgated amendments should be included in the Guidelines Manual as changes that may be applied retroactively to previously sentenced defendants. These comments address Amendment 1 (relating to acquitted conduct). NACDL also supports retroactivity for Parts A and B of Amendment 3 and Part D of Amendment 5 and adopts the comments of the Federal Defenders on those amendments.

The National Association of Defense Lawyers (NACDL) respectfully submits the following comments on these important proposed amendments.

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.

The National Association of Defense Lawyers (NACDL) respectfully submits the following comments on the Commission’s possible policy priorities for the amendment cycle ending May 1, 2024.

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.

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).

NACDL is pleased to see the U.S. Sentencing Commission proposing amendments the Sentencing Guidelines that seek to address the unfair practice of allowing acquitted conduct to be considered as relevant conduct under Sentencing Guideline Section 1B1.3.

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 U.S. Sentencing Commission regarding USSC priorities in the current (2019) amendment cycle.

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 the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

On behalf of the National Association of Criminal Defense Lawyers, I am grateful to the Commission for promoting dialogue on these important issues and strongly urge retroactive adoption of the elimination of the residual clause.

Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

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 the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

Letter to the U.S. Sentencing Commission regarding USSC priorities in the current (2014) amendment cycle.

Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

President Lisa Wayne's written statement to the U.S. Sentencing Commission regarding sentencing practices since the U.S. v. Booker decision.

NACDL President Jim Lavine's written statement to the U.S. Sentencing Commission regarding amending the Fair Sentencing Act of 2010 (S. 1789) to apply retroactively to maintain fairness in sentencing application.

Letter to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

NACDL President Jim Lavine's written statement to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines, particularly in relation to the Fair Sentencing Act of 2010 (S. 1789).

Letter to the U.S. Sentencing Commission regarding proposed amendments to the Fair Sentencing Act.

NACDL President Cynthia Hujar Orr’s written statement to the U.S. Sentencing Commission regarding mandatory minimum sentencing in federal law and the value of case-specific discretion.

Statement to the U.S. Sentencing Commission regarding proposed amendments to sentencing guidelines.

Statement to the U.S. Sentencing Commission regarding federal sentencing for cocaine offenses.

Letter to the U.S. Sentencing Commission regarding proposed sentencing reductions.

Comments to the U.S. Sentencing Commission from the Coalition to Preserve Attorney-Client Privilege regarding proposed amendments to the sentencing guidelines.

Testimony of member Kent Wicker to the U.S. Sentencing Commission regarding proposed amendments to the federal sentencing guidelines.

Comments submitted to the U.S. Sentencing Commission by NACDL's informal Coalition on the Privilege Waiver Amendment to the Federal Sentencing Guidelines regarding priorities in the current (2006) amendment cycle.

Comments to the U.S. Sentencing Commission regarding post-Booker decisions, and specifically related to anabolic steroids. Includes testimony from and article by NACDL member Rick Collins.

Comments to the U.S. Sentencing Commission on the Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003.

Comments to the U.S. Sentencing Commission regarding proposed amendments to Chapter 8 of the Sentencing Guidelines.

Statement to the U.S. Sentencing Commission regarding proposed amendments to sentencing guidelines.

Letter to the U.S. Sentencing Commission regarding proposed amendments to the Sentencing Guidelines.

Coalition letter to the U.S. Sentencing Commission regarding sentencing policies for federal cocaine offenses.

NACDL President Irwin Schwartz's written testimony to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

NACDL President Edward Mallett's written statement to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines for ecstasy offenses.

Letter to the U.S. Sentencing Commission regarding the economic crime package and other proposed amendments.

Letter to the U.S. Sentencing Commission regarding proposed amendments pertaining to diminished capacity and theft, fraud and tax loss tables.

Letter to the U.S. Sentencing Commission regarding proposed 1997 Amendments.

Letter to the U.S. Sentencing Commission regarding proposed 1997 Amendments.

Comments to the U.S. Sentencing Commission on proposed 1997 Emergency Amendments.

Letter to the U.S. Sentencing Commission regarding proposed Emergency Amendments for the 1997 cycle.

Letter to the U.S. Sentencing Commission regarding proposed 1997 Amendments.

Letter to the U.S. Sentencing Commission regarding proposed rule changes to the amendment process.

Comments to the U.S. Sentencing Commission regarding the powder v. crack cocaine sentencing disparity.

Statement to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines manual.

Statement to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines manual.