January 6, 2015: UPDATE on the Two Point Federal Sentence Reduction for Drug Offenders

As many know, the change to the Federal Sentencing Guidelines resulting in a 2-point reduction for federal drug offenses has been made retroactive and many federal drug offenders have had their sentences reduced and many motion s are still pending. We have heard from many federal inmates and their loved ones about a “list” prepared by the Federal Bureau of Prisons.We have not seen any such list and believe that to be rumor. However, we are aware that the United States Sentencing Commission has compiled lists of inmates that they believe are eligible and forwarded those lists to the respective offices of the Federal Public Defender. We have learned from certain Public Defender Offices that the lists do not appear to be accurate as there are many people not on the list that are eligible and, tragically, many people on the list, that turn out not to be eligible. It is best for all concerned to contact their regional Federal Public Defender and ask. All must keep in mind that the drug minus 2 changes are NOT self effectuating and the sentencing court still has discretion to grant or deny the motion. It should be filed by an attorney rather than pro se if at all possible. We are also aware that some District Offices of the Federal Public Defender are preparing and filing these motions at no charge. We suggest that if anyone believes they are eligible for the 2 point reduction, they contact the Federal Public Defender in the District where they were sentenced to see if they are willing to file the motion. Some are and some are not we have been told.. If not, feel free to contact National Prison and Sentencing Consultants for additional information or for an attorney referral. Call 615-696-6153 or email us at [email protected]