NACDL supports the Commission’s proposed amendment to §1B1.13, with some suggested modifications, and supports Option 3 to (b)(6). After reviewing the Commission’s recent hearings on this proposed amendment as well as the submitted written testimony, NACDL focuses its comments on proposals (b)(5), (b)(6), and (b)(4).

We respectfully submit the following comments on the Commission’s tentative priorities for the amendment cycle ending May 1, 2023, with a particular focus on the implementation of the First Step Act of 2018. … In this current cycle, we welcome the Commission’s focus on the decarceration focus of the First Step Act, as well as all efforts to reduce the rate of incarceration in federal cases, the size and racial disparities of our federal incarcerated population, and the guideline rigidity that discourages or limits the recognition of each offender’s humanity and redemptive potential.

Comments with FAMM to Deputy Attorney General Lisa Monaco regarding U.S. Attorney offices requiring waiver of the right to seek compassionate release during plea negotiations.

Brief of FAMM, the National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders as Amici Curiae in Support of Petitioner.

Argument: Trial judges must consider a defendant’s post-sentencing conduct and intervening legal developments when exercising their Section 404 authority to “Impose A Reduced Sentence.” Evidence of post-sentencing conduct and intervening changes in law significantly affects district courts’ exercise of Section 404 sentencing discretion—producing fairer and more appropriate sentences. The text and statutory context of the First Step Act compel consideration of post-sentencing conduct and intervening legal developments.

Brief of FAMM and NACDL as Amici Curiae in Support of Petitioner (On Petition for Writ of Certiorari).

Argument: Every branch of government has recognized the profound injustice that resulted from the stacking of sentences imposed pursuant to Section 924(c). Congress finally remedied that wrong in the First Step Act. This Court should grant review to correct an egregious misunderstanding of Congress’s handiwork—and to remove an unnatural limitation on compassionate release that has produced an intractable circuit split. In the alternative, this Court should hold the Petition in abeyance and grant one or more of the other pending petitions that present the same issue.

Brief of FAMM and NACDL as Amici Curiae in Support of Petitioner (On Petition for Writ of Certiorari).

Argument: Every branch of government has recognized the profound injustice that resulted from the stacking of sentences imposed pursuant to Section 924(c). Congress finally remedied that wrong in the First Step Act. This Court should grant review to correct an egregious misunderstanding of Congress’s handiwork—and to remove an unnatural limitation on compassionate release that has produced an intractable circuit split. In the alternative, this Court should hold the Petition in abeyance and grant one or more of the other pending petitions that present the same issue.

Evolution of Federal Drug Sentencing to Compassionate Release

For John Bailey, achieving justice involved a long journey on both straight and winding roads with many obstacles along the way. But trying as it may have been, the odyssey ended by arriving at the sweetest of destinations – freedom.

Courts around the United States have increasingly recognized that the coronavirus is an extraordinary and compelling reason warranting release of inmates. Several courts have heeded the call from legal and medical experts to release vulnerable and old inmates from inherently unsafe facilities.

Congress amended 18 U.S.C. § 3582 to permit prisoners to file their own motions for compassionate release.

National Association of Criminal Defense Lawyers Welcomes BOP Rule Allowing for the Release of Thousands Under the First Step Act – Washington, DC (Jan. 13, 2022) – Thousands will be released from federal prisons over the next weeks thanks to implementation of a rule created by the 2018 First Step Act. The rule, implemented today by the Bureau of Prisons (BOP), allows incarcerated individuals to work toward home confinement or supervised release by completing approved Evidence-Based Recidivism Reduction (EBRR) Programs and Productive Activities (PAs).

FAMM, Washington Lawyers’ Committee, NACDL Launch Emergency Compassionate Release Effort-- In a massive pro bono effort, our groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19.

Nation’s Criminal Defense Bar and Charles Koch Foundation Mark the One-Year Anniversary of the First Step Act with the NACDL First Step Act Resource Center -- Washington, DC (Dec. 19, 2019) – Saturday, December 21, marks the one-year anniversary of the signing into law of the First Step Act, a landmark bipartisan criminal justice reform measure. The Act was passed as a first step toward addressing the problems related to overcriminalization and overincarceration in the federal criminal justice system.