Thousands of Federal Inmates Eligible for Sentence Reduction Under New Federal Sentencing Guidelines

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Thousands of federal inmates, a majority of whom are Black and Hispanic, were given the opportunity for reduced sentences on Thursday. In several instances, immediate release from prison is a valid possibility. This comes after a decision made by the U.S. Sentencing Commission to lessen the penalties for specific offenders last year.

Thousands of Federal Inmates Eligible for Sentence Reduction Under New Federal Sentencing Guidelines
vecteezy/Giuseppe Ramos

The Beneficiaries of the New Sentencing Policy

In recent changes to the federal sentencing guidelines, it is estimated by the commission that about 18,000 inmates could receive sentence reductions. For these transformations to become retroactive, they took effect from February 1. The guidelines were moderated to reduce sentencing scales for first-time offenders and individuals in detention or under supervision when they committed crimes. These alterations were approved in April by the U.S. Sentencing Commission.

How New Sentencing Guidelines Affect Inmates

As per the commission's data, the primary beneficiaries of these changes will be Black and Hispanic defendants. Last year, in August, the decision was made to apply the changes retroactively. This move mirrored the need to rectify the injustices from policies that have harmed many for prolonged periods.

U.S. District Judge Carlton Reeves, the first Black person to chair the panel, expressed on this matter. He stated that their decisions to reform the criminal history provisions of the sentencing guidelines and apply these changes retroactively reflect one of his top priorities as chair of the commission. The aim is to lessen and redress racial disparities in sentencing.

The Impact of the Retroactive Amendment

The panel split in a 4-3 decision last August when it implemented these amendments retroactively. Some Democrats on the Senate Judiciary Committee supported this action, but the Biden administration's Justice Department opposed it.

In the past, the commission has retroactively applied changes to the guidelines. When this was done in 2014 for sentencing changes concerning drug penalties, 50,000 inmates became eligible for sentence reductions.

However, some argued against these changes. In August, the Justice Department and the dissenting commissioners claimed that "minor" guidelines changes that merely decrease sentences by a few months do not warrant revisiting past cases. Reeves, among other advocates for retroactively, countered that inmates value any sentence reduction, even if only by days.

The Commission's Estimations on Sentence Reductions

The commission estimates the change concerning "status points" to reduce sentences on average by 14 months, or 11.7%, for 11,495 inmates. Black defendants account for 43% of these inmates. Among the first-time offenders to be affected, 7,272 individuals are almost 70% Hispanic. These offenders would receive an average sentence reduction of 15 months or 17.6%.

November data from the commission shows that an estimated 3,288 inmates could be eligible for immediate release. To streamline the processing of these cases, the U.S. Bureau of Prisons has requested judges to delay the effective date for those up for immediate release by ten days.

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