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Sentence Reductions for Federal Drug Crimes

I am a Federal Prisoner Convicted of a Drug Crime.  Can I Apply to Have my Sentence Reduced?
On July 18, 2014, the U.S. Sentencing Commission unanimously decided to make retroactive an earlier change that lowered the offense levels for drug crimes by two levels.  What this translates to is that roughly 50,000 drug offenders in federal prison will be eligible to have their cases reviewed by a judge for a sentence reduction.  As a result, the Federal Bureau of Prisons has stated that it will immediately begin to notify inmates of their eligibility to apply for a sentence reduction.
The decision came after a study found that inmates convicted of non-violent drug offenses who were released early from prison posed no greater risk of committing another crime as compared to those who served full terms.  Advocates note that the decision will assist in reversing decades of tough policies dated back to the 1970s, including the controversial mandatory minimum sentences for nonviolent drug offenders.  Proponents also point out that the changes will ease the problem of overcrowding in the prison system and reduce costs. 
Although Congress has until November of 2014 to void the Commission’s decision, there is little indication that Congress would oppose such a measure.  If Congress allows the new rules to stand, judges can begin to consider sentence reduction petitions from inmates, but no prisoners will be released until November of 2015, according to a special provision added by the Commission.  This delay provision was intended to protect public safety by allowing judges enough time to make an appropriate consideration of each petition filed.
Federal sentencing guidelines rely on a numeric system, which is based on a number of different factors, such as the nature of the crime, whether a weapon or violence was involved, and the defendant’s criminal history. The change decreases the value attached to most drug trafficking offenses by two offense levels,  regardless of the type or amount of drug.  By way of example, while an individual who was convicted of trafficking 280 grams of crack cocaine would have resulted in a sentence of between 10 and 12 1/2 years, under the new rules they would now face a sentence of between 8 to 10 years.
According to the Commission, those eligible for a sentence reduction as a result of these changes would could have their sentences reduced, on average, by approximately two years.  The Commission also estimates that roughly 4,600 inmates will receive reductions that actually exceed the total amount of time left in their prison terms, thus making them eligible for immediate release, although under the delay provision they would not be released until November of 2015.
If you wish to have your sentence reduced, the process is not automatic.  Instead, your attorney must first apply for a reduction.  After you apply for a reduction, your probation officer will then re-calculate your current sentencing guidelines in accordance with the new law.  The application will then come before a judge for review to decide whether or not to grant a sentence reduction.
In determining whether or not to grant a reduction in your sentence, the judge will most likely look at several factors, including whether or not you have been convicted or charged with violent crimes in the past, the nature of the drug offense, and the circumstances surrounding the crime, among other factors.  Those who have been convicted of low-level, non-violent drug offenses and who are currently serving harsh mandatory minimum sentences will be in the best position to have their sentences reduced.
As prosecutors will most likely heavily contest these sentence reductions, it is best to have an experience criminal defense attorney represent you during the process.  Randolph H. Wolf is a criminal defense attorney with over 30 years of experience.  Contact us today for a free consultation at (732) 741-4448.