News

In July, the Federal Public and Community Defenders commented on the USSC's proposed priorities for the 2026-27 amendment cycle. Defenders encouraged the Commission to: (1) add a defender representative to the Commission; (2) engage meaningfully and transparently with a broad and diverse array of stakeholders, including currently incarcerated individuals; (3) provide more and more useful information to the public; and (4) not rush to amend 1B1.13(b)(6).

In June 2026, the Federal Public & Community Defenders' Guidelines Committee submitted our comment on the Sentencing Commission's 2026 "Unmanned Aircraft" proposed amendment. The amendment responds to a directive to the Sentencing Commission contained in the SAFER SKIES Act.

In May 2026, the Federal Public & Community Defenders' Guidelines Committee sent our annual letter to the Sentencing Commission requesting that the Commission prioritize various guidelines and other sentencing issues during the upcoming amendment cycle. Namely, we asked the Commission to prioritize: adding a federal defender ex officio member, narrowing career offender, equalizing meth offense levels, eliminating the large capacity magazine enhancement, adding mens rea throughout the Manual, reforming criminal history rules, reimagining quantity-based guidelines, ensuring the AOR reduction is appropriately granted, and engaging in new data and research projects.

In May 2026, the Federal Defenders' Legislative Committee sent a letter to Congress in opposition to H.R. 2853, the Combatting Organized Retail Crime Act (CORCA), which would amend several criminal statutes in an attempt to combat "organized retail crime."

In March 2026, the Federal Defenders' Legislative Committee sent a letter to Congress' Senate Judiciary Committee in opposition to S. 545, the Combatting Illicit Xylazine Act. S. 545 would bypass the Controlled Substance Act's scheduling procedures by placing xylazine on Schedule III through legislation, without the FDA's medical and scientific analysis.

The Federal Public & Community Defenders submitted to the Sentencing Commission our comments and supplemental comments regarding the Commission's proposed January 2026 Amendments

The Federal Public & Community Defenders submitted to the Sentencing Commission our initial and reply comments regarding the Commission's proposed December 2025 Amendments.

The National Association of Criminal Defense Lawyers filed a brief as Amici Curiae In Support of Petitioner Isabel Rico in Rico v. United States, 24-1056 (Aug. 21, 2025), relating to tolling of supervised release.

The National Association of Federal Defenders filed a brief as Amicus Curiae In Support of Petitioners Daniel Rutherford and Johnnie Markel Carter in Rutherford v. United States, 24-820 and Carter v. United States, 24-860 (August 15, 2025), relating to the Sentencing Reform Act's sentence-reduction provision at 3582(c)(1)(A)..

The National Association of Federal Defenders, along with FAMM and the National Association of Criminal Defense Lawyers, filed a brief as Amici Curiae In Support of Petitioner Joe Fernandez in Fernandez v. United States, 24-556 (Aug. 11, 2022), relating to the Sentencing Reform Act's sentence-reduction provision at 3582(c)(1)(A).

In July 2025, the Federal Defenders' Guidelines Committee submitted Defenders' 2025 Priority Letter to the Sentencing Commission, which responds to the Commission's 2025-26 amendment cycle proposed priorities. 

In May 2025, the Federal Defenders' Guidelines Committee submitted Defenders' 2025 Annual Letter to the Sentencing Commission identifying guideline amendment and related topics Defenders' would like the Commission to address in the 2025-26 amendment cycle.

In June 2025, Defenders commented on the Sentencing Commission's request for comment on the possible retroactivity of certain 2025 amendments. The Commission held a retroactivity public hearing on July 16, 2025.

In May 2025, the Federal Defenders' Legislative Committee sent a letter to Congress' House Judiciary Committee in opposition to H.R. 3486, the Stop Illegal Entry Act of 2025. H.R. 3486 would impose new, unprecedented mandatory minimum sentences on individuals whose criminal conduct includes the mere act of coming to the United States to make a better life for their families.

In May 2025, the Defenders submitted a comment to the Sentencing Commission on fentanyl-related substances, including whether to add enhancements requested by the DOJ.