News and Insights

Sentencing Commission Votes to Make Guidelines Amendments Retroactive

Posted by Brian Ketcham | Sep 06, 2023 | 0 Comments

As I wrote in my post on May 11, 2023, the Sentencing Commission has adopted amendments to the U.S. Sentencing Guidelines for the first time in years.  Absent Congressional overrule, the amendments are set to become effective on November 1, 2023.  As noted previously, the new Section 4C1.1 provisions will provide a significant benefit to most defendants facing sentencing for financial or tax-related crime, as most such defendants do not have any prior criminal history and otherwise are not precluded from the 2-point offense level reduction provide by the new Section.  But the news has gotten even better:  On August 24, 2023, the Commission voted (4-3) to apply the amendments retroactively.  This means that even defendants who were sentenced prior to the adoption of the amendments (and who may be still concurrently incarcerated) may become eligible for sentence reductions beginning on February 1, 2024.  The Commission estimates that over 7,000 incarcerated “zero-point offenders” will be impacted by the retroactive application of Section 4C1.1 and that, on average, those offenders will see a 17.6% reduction of his or sentence. 

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