News

Federal Defenders' Comment on the USSC's Retroactivity Criteria

In April 2025, the Federal Defenders commented on the USSC's request for comment on its retroactivity criteria.

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2025 Defender Comments on January Proposed Amendments

The Federal Public & Community Defenders submitted to the Sentencing Commission our comments regarding the Commission's January 2025 proposed amendments.

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2025 Defender Comments on December Proposed Amendments

The Federal Public & Community Defenders submitted to the Sentencing Commission our comments regarding the Commission's proposed December 2024 Amendments.

 

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Defender Legislative Committee 2025 Comment on BOP's IFRP Proposed Rule

The Federal Public and Community Defenders commented on the Bureau of Prisons’ (BOP) latest proposed rule regarding the Inmate Financial Responsibility Program (IFRP).

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Defender comment to the DEA re marijuana rescheduling

In response to a call for comments, Federal Public and Community Defenders submitted the attached letter to the DEA re the pending proposal to move marijuana to Schedule III.

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Defender letter to USSC suggesting priorities

In response to the Sentencing Commission's call for proposals on potential priorities, Federal Public and Community Defenders submitted the attached letter calling for reforms: recalibrating guideline ranges downward; revising the relevant-conduct guideline so it does not sweep in dismissed and uncharged conduct; and substantially narrowing the reach of the career-offender guideline.

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2024 Defender Comment on Possible Retroactive Application of Recent Guidelines Amendments

On June 21, 2024, the Federal Public and Community Defenders submitted its comment to the USSG Commission advocating in favor of the retroactive application of 2024 Amendment 1 (Acquitted Conduct), Part A of Amendment 3 (§2K2.1(b)(4)(B) enhancement), Part B of Amendment 3 (Grouping: §2K2.4, application note 4), and Part D of Amendment 5 (§2D1.1(a)(1)–(4) enhanced base offense levels).

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Fed. Defender Annual Letter Discussing USSG Proposed Priorities for the 2024-2025 Amendment Cycle

Read the May 15, 2024 Federal Public and Community Defenders' Annual Letter to the U.S. Sent. Commission, which identifies the sentencing policy issues the Defenders believe the Commission should prioritize during the 2024-25 amendment cycle.

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2024 Defender written testimony on additional proposed amendments

Defender witnesses submitted written testimony on additional proposed guideline amendments:  loss definition for purposes of §2B1.1; circuit conflicts regarding §2K2.1's reference to "altered or obliterated serial number" and grouping rules in certain cases involving §2K2.4; and several miscellaneous issues: the STOP Act of 2021, Evasion of Export Controls under §2M5.1, Offenses involving monetary instruments transactions under §2S1.3, enhanced base offense levels for certain drug offenses under §2D1.1(a), and the definition of "sex offense" in §4C1.1.

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2024 Defender comments on proposed amendments

The Federal Public and Community Defenders submitted comments on proposed amendments regarding acquitted conduct sentencing, youthful individuals, simplification of the three-step process (elimination of departures).

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Defender Comment on Proposed Priorities

The Federal Public & Community Defenders submitted to the Sentencing Commission our comment regarding the Commission's proposed priorities for the 2023-2024 amendment cycle. 

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Defender comment re Retroactivity

The Federal Public & Community Defenders submitted to the Sentencing Commission their comment regarding the retroactivity of Parts A and B of the Criminal History Amendment.

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2023-24 Defender annual letter

The Federal Public and Community Defenders have submitted our annual letter to the Sentencing Commission on what we hope will be on the Commission's priority list for 2023-24.

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March 13, 2023: Defender comments to BOP re IFRP rule

Federal Public and Community Defenders submitted to the Bureau of Prisons a comment on the Bureau's proposed rule regarding the Inmate Financial Responsibility Program (IFRP).

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2023 Defender comments to the USSC on all proposed amendments

The Federal Public and Community Defenders have submitted our comments on all of the Sentencing Commission's proposed amendments for this amendment cycle. It turns out that we have a lot to say!

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