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.

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).

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.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellee.

Congress Passes First Step Act; a Move in Right Direction for Federal Criminal Justice Reform - Washington, DC (Dec. 20, 2018) – Today, Congress passed the First Step Act and it is expected that the president will sign the bill into law in the coming days. 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. 

FAMM, Washington Lawyers’ Committee, NACDL Launch Emergency Compassionate Release Effort-- In a massive pro bono effort, our groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19.

National Association of Criminal Defense Lawyers Welcomes BOP Rule Allowing for the Release of Thousands Under the First Step Act – Washington, DC (Jan. 13, 2022) – Thousands will be released from federal prisons over the next weeks thanks to implementation of a rule created by the 2018 First Step Act. The rule, implemented today by the Bureau of Prisons (BOP), allows incarcerated individuals to work toward home confinement or supervised release by completing approved Evidence-Based Recidivism Reduction (EBRR) Programs and Productive Activities (PAs).

Brief of Amici Curiae National Association of Criminal Defense Lawyers; American Civil Liberties Union Foundation; American Civil Liberties Foundations of Delaware, New Jersey, and Pennsylvania, In Support of Defendant-Appellee.

Comments with FAMM to Deputy Attorney General Lisa Monaco regarding U.S. Attorney offices requiring waiver of the right to seek compassionate release during plea negotiations.

The First Step Act (P.L. 115-391 756) was signed into law on December 21, 2018. The Act is a federal criminal justice reform bill that changes many harsh federal sentencing laws.  The Act also expands compassionate release for qualifying federal inmates and offers current federal inmates rehabilitative programming and the possibility for early release from prison.

Brief of FAMM, the National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders as Amici Curiae in Support of Petitioner.

Brief of FAMM and NACDL as Amici Curiae in Support of Petitioner (On Petition for Writ of Certiorari). 

Brief of FAMM and NACDL as Amici Curiae in Support of Petitioner (On Petition for Writ of Certiorari).

Brief of FAMM and NACDL as Amici Curiae in Support of Petitioner (On Petition for Writ of Certiorari).