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46,000 Federal Inmates Eligible for Sentence Reduction

Last year Amendment 782 passed allowing for a retroactive two level sentencing guidelines reduction for all eligible incarcerated federal drug offenders. Importantly, the inmate must not already be scheduled for release before November 1, 2015 since that is the earliest possible date of release under Amendment 782.

A motion pursuant to 18 U.S.C. Section 3582 must be filed setting forth how the original sentence was arrived at in terms of the guideline calculation and range. It should indicate whether the court previously granted a motion for substantial assistance or safety valve since amendment 782 does cannot reduce a sentence below a minimum mandatory if one is still in place.

The motion should reflect the recalculation and new sentencing range and set forth any positive factors such as educational efforts, drug rehabilitation efforts,  and anything else that may apply.

From the prosecution side, the United States Attorney's offices will check the math to determine how much time should be cut if the court ultimately agrees. The United States Probation Office will prepare a memorandum with the new guidelines calculation and will point out any negative reasons such as violence, danger to the community, new offenses committed or failed rehabilitative efforts.

Stone Lockett P.A. is currently working with clients to file the appropriate motions and respond to challenges and court inquiries. This effort should result in substantial sentence reductions for many who are seeking such relief.

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