18 USC 3582(c)(2) – reduction in federal sentences based on August 2023 changes to criminal history category calculations for those who committed crimes while on probation or parole

In August 2023, the United States Sentencing Commission decided to change the way that some federal defendants’ criminal history scores are calculated for sentencing purposes. Previously, those found to have committed their crimes while “under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status,” had two points added to their Criminal History category calculation, pursuant to USSG 4A1.1(d). The Sentencing Commission decided that for those defendants with seven or fewer criminal history points, not only would those two points no longer be added, but those who had been previously sentenced with these two points added to their calculation would be allowed to apply for retroactive re-sentencing. (Defendants with seven or more criminal history points will now get one extra point for being “under any criminal justice sentence” at the time of their arrests, instead of two). Basically, those individuals who previously were sentenced based upon Sentencing Guidelines calculations that included these two points in the Criminal History Calculation can now ask their sentencing courts to re-sentence them (beginning in February 2024). Not every defendant sentenced for a crime committed “while under any criminal justice sentence” will necessarily benefit from this amendment, as a one-point or two-point reduction for Criminal History may not necessarily change that person’s Criminal History Category. Moreover, some judges may not think that these amendments justify downward modifications of previously imposed sentences. Nonetheless, every defendant sentenced with these two points included in their sentencing calculation should strongly consider applying for a reduction in their sentence based upon this amendment and 18 USC 3582(2)(c).

Matthew Galluzzo has successfully applied for resentencing in other 18 USC 3582 cases, including modifications of sentences based upon US v. Davis and other changes in the law. He is an experienced federal criminal defense attorney and appellate lawyer and he offers a reasonable flat fee for an application to modify a federal sentence. Contact him today to discuss whether such a petition might benefit you or your loved one.