By Johanna S. Zapp, Esq.
The United States Sentencing Commission voted to reduce the sentencing guideline levels applicable to most federal drug trafficking offenders.
The Commission voted unanimously to amend the guidelines to lower the base offense levels in the Drug Quantity Table across drug types. The drug guidelines under the amendment would remain linked to statutory mandatory minimum penalties. The Commission estimates that approximately 70 percent of federal drug trafficking defendants would qualify for the change, with their sentences decreasing an average of 11 months, or 17 percent, from 62 to 51 months on average.
The Drug Quantity Table amendment would:
• Generally reduce by two levels the base offense levels for all drug types in the Drug Quantity Table in guideline §2D1.1, which governs drug trafficking cases;
• Ensure the guideline penalties remain consistent with existing five- and ten-year statutory mandatory minimum drug penalties by structuring the Drug Quantity Table so that offenders eligible for the five- and ten-year mandatory minimum penalties would receive base offense levels 24 and 30 (which correspond to a guideline range of 51 to 63 months and 97 to 121 months, respectively), rather than the existing levels of 26 and 32 (which correspond to 63 to 78 months and 121 to 151, respectively);
• Maintain 38 as the highest base
offense level in the drug quantity table for the highest quantities of drugs;
This amendment will pass in November 2014, however, your lawyer MUST ask the court to apply it now. The policies for the US Attorney’s offices appear to be that they will not object to the request made by your attorney to have the two point reduction applied to your sentence before the November date. However, it is required that your attorney ask for the two point reduction, it will not be offered by the government unless your attorney asks for it.
The U.S. Sentencing Commission voted unanimously to make the “Minus 2” amendment to the Offense Level for drug quantity fully retroactive. The amendment will have an instruction that prohibits any person from getting released until Nov 1, 2015.
About 47,000 inmates should benefit. Judges can begin to consider motions on Nov 1, 2014.
As of now, there is no information about how inmates can go about reducing their sentences. In the coming months, I would anticipate there will be more information. In the meantime, if you have federal defenders, or CJA, you must ask them to help you. Or, if you have retained counsel, write a letter to you lawyer and ask them for help.
I will send out more information once it becomes available.
If you have questions about the two point reduction, please contact your lawyer.
However, if you feel you must contact us, please do so BY EMAIL ONLY. Please do not call. Thank you.