The Legal Professional Services Center provides legal consulting and research services to criminal law firms and individuals needing assistance with criminal federal matters throughout the United States. At LPSN, we are dedicated to assisting our clients and their families in the pursuit of justice. Federal criminal courts can seem overwhelming and that the odds are stacked against you. That’s why you need experienced and honest expertise as you navigate the system. LPSN will work alongside you and legal counsel to ensure your voice is heard. Our dedicated associates have been fortunate to achieve positive results for our clients. From the very beginning and throughout the process, you will have access to our unique prospective and services. This includes providing assistance in the following areas:
- PREPARATION OF PRE-TRIAL MOTIONS
- PRE-SENTENCE INVESTIGATION REPORT OBJECTIONS
- SENTENCING MEMORANDUMS
- DETENTION HEARINGS
- RDAP INTERVIEWS/PLACEMENT
- SECTION 2241 FILINGS
- SECTION 2255 FILINGS
- BOP ADMINISTRATIVE REMEDY ASSISTANCE, DESIGNATIONS AND TRANFERS
- POST-CONVICTION AND NEW LAW MOTIONS
- WHITE COLLAR CASES
- FEDERAL INMATE ADMINSTRATIVE SERVICES
- SUPERVISED RELEASE MODIFICATIONS
- SECTION 3582 COMPASSIONATE RELEASE MOTIONS
- JURY SELECTION AND INVESTIGATIONS
- FEDERAL PRISON PREPARATION CONSULTING
- LEGAL RESEARCH AND BRIEFING SERVICES
Contact a LPSN litigation assistance to at 305-646-9931 to learn more about retaining our services.
"A Partner You Can Trust"
THE U.S.S.G HAS ACTED
Amendment 821 and the new version of the 2023 Federal Sentencing Guidelines are now in effect. These retroactive changes will have a dramatic impact on Federal Criminal Sentencing proceedings and those already serving sentences in the BOP.
WHAT DOES IT MEAN TO MAKE AN AMENDMENT RETROACTIVE?
With regard to Amendment, 821, the Sentencing Commission has determined that the changes voted upon are applicable to those people who have already been sentenced and are currently imprisoned. In the instance of Parts A and B of the 2023 Criminal History Amendment, the Commission has determined that some people who have already been sentenced and are currently serving prison sentences are eligible to apply for retroactive application of the new guideline range.
If an incarcerated person is eligible, a district judge will review the case to decide whether to reduce their sentence.
WHO IS ELIGIBLE FOR RETROACTIVE APPLICATION?
There are two parts of the 2023 Criminal History Amendment that an individual may be eligible under:
Part A of the amendment decreases “Status Points” by one point for individuals with seven or more criminal history points and eliminates them for individuals with six or less criminal history points. Individuals who received Status Points in their criminal history calculation are eligible for this retroactive reduction.
There are no eligibility limitations under this part of the amendment based on crime type, violence, or weapons but these are factors a court may consider in determining whether to grant a sentence reduction.
Subpart 1 of Part B creates a new 4C1.1 guideline that provides a decrease of two offense levels for “Zero-Point Offenders” (no criminal history points) whose offense did not involve specific aggravating factors.
In order to qualify for a sentence reduction under subpart 1 of Part B, the individual must meet all of the following criteria:
- The defendant did not receive any criminal history points from Chapter Four, Part A;
- The defendant did not receive an adjustment under 3A1.4 (Terrorism);
- The defendant did not use violence or credible threats of violence in connection with the offense;
- The offense did not result in death or serious bodily injury;
- The instant offense of conviction is not a sex offense;
- The defendant did not personally cause substantial financial hardship;
- The defendant did not possess, receive, purchase, transport, transfer, sell, or otherwise dispose of a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;
- The instant offense of conviction is not covered by 2H1.1 (Offenses Involving Individual Rights);
- The defendant did not receive an adjustment under 3A1.1 (Hate Crime Motivation or Vulnerable Victim) or 3A1.5 (Serious Human Rights Offense);
- The defendant did not receive an adjustment under 381.1 (Aggravating Role) and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. 848.
These monumental changes will impact thousands of Federal criminal defendants.
HOW MANY INDIVIDUALS ARE ELIGIBLE FOR THE REDUCTION?
The Commission estimates that approximately 11,500 are eligible to seek a reduction in their current sentence pursuant to retroactivity of Part A of the 2023 Criminal History Amendment.
The Commission estimates that approximately 7,300 are eligible to seek a reduction in their current sentence pursuant to retroactivity of Subpart 1 of Part B of the 2023 Criminal History Amendment.
WILL ALL ELIGIBLE INDIVIDUALS AUTOMATICALLY RECEIVE A REDUCTION?
No one will automatically receive a sentence reduction.
In order to be eligible for a sentence reduction, an individual must be serving a term of imprisonment, the guideline range applicable to the individual must have been lowered as a result of Parts A or B of the 2023 Criminal History Amendment, and the individual must not already be scheduled to be released prior to February 1, 2024.
If an individual’s original sentence was below the new, reduced guideline, they likely will not be entitled to a further reduction unless the original sentence was based on substantial assistance to the government.
If an individual is eligible for a reduction, a district court judge will review the case and decide whether a sentence reduction is appropriate.
WHAT DOES THE JUDGE CONSIDER WHEN DECIDING WHETHER TO GRANT A REDUCTION?
The judge will consider all of the factors that a judge considers at an initial sentencing in determining whether a reduction in the defendant’s term of imprisonment is warranted and the extent of any reduction. This means factors like the nature and circumstances of the offense, the characteristics of the individual, public safety, deterrence, and the sentencing guidelines will all be considered. In a judge’s review of a motion for a reduction, the court will review a petitioner’s post-rehabilitation efforts pursuant to Pepper v. United States, 562 O.S.
HOW DO I MAKE A MOTION FOR A REDUCED SENTENCE?
Pursuant to 18 U.S.C. 3582(c), upon motion of the defendant or the Director of the Bureau of Prisons, or upon the court’s own motion, the court may reduce the term of imprisonment of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994 (o). The court may grant such a motion, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission. It is imperative that your filing presents you in the most favorable manner. Your prison record does matter. The work you have done to improve your life will be vital.
Those who request a sentencing reduction do not have a right to a hearing. Many requests will be resolved based on the written materials that are filled. This is why working with SSG Legal Services can bolster your filing before the court.
IS PUBLIC SAFETY A CONSIDERATION IN THE COURT'S REVIEW OF THESE CASES?
Yes. The sentencing guidelines require the court to consider the nature and seriousness of the danger to any person or the community that may be posed by a reduction in an individual’s term of imprisonment. Courts can consider an individual’s prison record.
SSG Legal Services
LPSN Presents
JUSTICE FOR ALL PODCAST
with Dan Dixon
Tune-in for informative discussions on issues that really matter.
- Federal Criminal Justice Reform
- Political Issues
- Re-Entry Resources
- Let Your Voice Be Heard
Email info@ssglegalservices.com to learn more about the show airtimes and special guest appearances.
OPERATION RELEASE
LPSN is currently offering our legal expertise to individuals seeking Clemency by President Joe Biden. There is currently a back-log of applications by federal inmates. This is largely because these applications simply get filed. away. At LPSN, we will assist you in preparing your application and work to get it actually reviewed. Thousands of federal inmates are serving harsh sentences. Clemency is one sure way to obtain the justice you deserve.
Our Clemency Project associates work closely with the United States Congress, Department of Justice Officials, and other Criminal Justice
Advocates to present your case in the best possible light. You deserve a Second-Chance at redemption.
Contact us for more information at 305-646-9931. The federal prison population is bursting at the seams. The time is now to fight for your release.
Over 50,000 Federal Inmates Have Contracted the Coronavirus
The Delta Variant of the coronavirus is gaining a foothold in the Bureau of Prisons just as the rest of the country (150,000 new and ris-ing nationally). A large number of BOP facilities still have active cases. Yet only 52.5% of BOP employees and 55.3% of inmates have been vaccinated according to BOP numbers. These factors raise the specter for inmates considering filing for Compassionate Release pursuant to 18 U.S.C. § 3582(c)(1)(A). The most vulnerable inmates are safer at home. Federal prisoners of any age with certain underlying medical conditions are at increased risk for severe illness. Severe illness from COVID-19 is defined as hospitalization, admission to the ICU, incubation or me¬chanical ventilation, or death.
As noted, federal prisoners are at great risk due to the inability to practice social distancing and other practices recommended by the Centers for Disease Control (CDC). New guidelines have gone in effect on November 1, 2023 that can support your release.
LPSN can assist in preparing a strong filing with the federal district court pursuant to Section 3582(c)(1)(A). Let us help you build a strong case for your release.
Contact LPSN at 305-646-9931 to get the help you need right now.
LPSN CAN ASSIST WITH CARES ACT 2020 HOME CONFINEMENT REQUESTS
Contact a LPSN Associate today at 305-646-9931 to begin your CARES ACT transfer request. Learn more about how we can assist you obtaining a favorable result in your case.