USSC To Hold Public Hearing on Retroactivity of 2023 Guidelines

On July 19, 2023 the United States Sentencing Commission will hold a public hearing on the possible retroactive application of certain portions of the 2023 Guideline Amendments. Of significance is the proposal to make retroactive the limited applicability of "status points" in determining one's criminal history. Status points generally apply when a federal defendant committed the federal offense while under a previously imposed criminal sentence and is on probation or supervised release. Additionally, the Commission will consider the retroactivity of a a two point reduction for certain "Zero Point Offenders." It is anticipated that if the Commission votes to make these provisions retroactive, hundreds, if not thousands, of federal inmates can seek to be resentenced and have their sentences reduced. Of course, we will keep all updated on the Commission's decision.