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Sentencing Law and Policy
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Good guidelines in the works from the USSC

By Douglas Berman

I am pleased to be able to report some positive sentencing developments in the works at the US Sentencing Commission.  Though you cannot tell from the USSC’s official webpage, FAMM has the news here about the USSC’s new “Compassionate release” guideline amendment.  Here is a portion of the FAMM report:

On April 18, the United States Sentencing Commission voted unanimously to approve a new policy statement to instruct judges considering whether to reduce a prisoner’s sentence for extraordinary and compelling reasons, also sometimes know as “compassionate release” motions. This proposed guideline amendment would substantially expand the grounds for reduction of sentence under 18 USC § 3582(c)(1)(A)(i).

The proposed guideline amendment is a victory for advocates.  For a number of years, FAMM and other organizations have urged the United States Sentencing Commission to adopt a policy statement on “compassionate release” motions that recognizes conditions other than the disabling illness or imminent death of the prisoner.  FAMM, the National Association of Criminal Defense Lawyers (NACDL), the Practitioner’s Advisory Group, the Federal Public Defenders and other organizations most recently endorsed the American Bar Association’s recommendations, which the U.S. Sentencing Commission also recognized when announcing the proposed amendment.

A helpful reader has also told me that the USSC has some significant tweaks to the criminal history guidelines geared up for this amendment cycle. 

All of these positive USSC developments should be official by the end of this month, because the USSC has to submit proposed guideline amendments to Congress by May 1.  Back when the guidelines were mandatory, new guideline amendments did not become effective until November 1 after Congress has 180 days to consider whether to reject the amendments via legislation.  After Booker, advocates might sensibly urge sentencing judges to follow the USSC’s latest amendment advice even while they are officially pending before Congress.