Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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The American Civil Liberties Union (ACLU) and NACDL filed a lawsuit under the Freedom of Information Act (FOIA) seeking public records detailing the Department of Justice’s implementation of December 2022 memoranda establishing new policies for all federal prosecutors’ charging and sentencing practices.
The First Step Act was signed into law on Dec. 21, 2018. NACDL and its members have long pressed to fix the unjustly severe federal sentencing regime, advocating for much more sweeping changes than are included in the First Step Act. Although the law does not go nearly as far as NACDL would like, it will benefit many prisoners and has important implications for practitioners. In these members-only webinars, leading experts examine the intricacies of the First Step Act.
Explore the recent amendments to the Federal Sentencing Guidelines that took effect on November 1, 2023, in particular those that permit for a reduction in sentence. They will offer a comprehensive overview of the these amendments, the government’s latest position on them, and practice tips on making the most of them for your clients.
Federal prosecutors regularly ask courts to impose sentences within the Guidelines ranges to avoid unwarranted sentencing disparities under 18 USC §3553(a)(6), but these arguments often ignore data about what sentences are actually being imposed, especially in white-collar cases. The Sentencing Commission has made it easier to see this data through the Judiciary Sentencing Information (JSIN) platform, and regular use of JSIN data is already being tested in 1/3 of federal district courts around the country.
The First Step Act makes important changes to several federal drug and gun statutes. The Act reduces mandatory minimum enhancements for some drug defendants and also changes the definition of these enhancements. It also modifies the existing federal safety valve, broadening its application to more drug defendants; changes the “stacking” penalty under 18 U.S.C. § 924(c); and retroactively applies the Fair Sentencing Act of 2010.
The National Association of Defense Lawyers (NACDL) respectfully submits the following comments on these important proposed amendments.
Brief of Amici Curiae National Association of Criminal Defense Lawyers, FAMM, and Federal Public Defenders and Community Defenders for the Judicial Districts of the Third Circuit in Support of Appellant and Reversal
Elizabeth Blackwood, NACDL’s Counsel & Project Director, First Step Act Resource Center, and Alison Guernsey, Clinical Professor of Law, Iowa College of Law provide an overview of PATTERN and Earned Time Credits, explain how you can utilize these tools to benefit your client, and discuss how to proceed if the BOP fails to provide the time credits your client has earned.
The United States Sentencing Commission updated U.S.S.G. § 1B1.13, the policy statement that governs federal reduction-in-sentence motions filed pursuant to 18 U.S.C. § 3582(c)(1)(A). The legal hook for a reduction-in-sentence motion is identifying one or more “extraordinary and compelling” reasons that warrant relief. The authors provide tips for litigating § 3582(c)(1)(A) motions – both the extraordinary and compelling prong and the § 3553(a) prong.
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.
Brief of Amici Curiae National Association of Criminal Defense Lawyers and Due Process Institute in Support of the Defendant Appellant
The Sentencing Guidelines provide for an increase in the offense level for most fraud or theft offenses based on the amount of “loss” determined by the court. Loss is not defined in the Sentencing Guidelines. However, the commentary defines loss as “the greater of actual loss or intended loss.” Megan Siddall explores a new argument that loss should be limited to actual loss – and not intended loss – in the wake of the Supreme Court’s decision in Kisor v. Wilkie.
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.
Co-Sponsored by Georgetown University Law Center’s American Criminal Law Review
The landscape of sentencing policy has shifted in recent years, with federal and state lawmakers advocating fewer draconian penalties and beginning to scale back certain sentences. It is clear that the United States stands at a critical juncture for sentencing reform. This symposium is designed to equip practitioners and policy advocates with the latest strategies and research to seize the moment and foster more rational and humane policies.
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.