Addressing One Rumor At A Time
Every year, the United States Sentencing Commission makes amendments to the United States Sentencing Guidelines, and every years those amendments take effect on November 1st.
Throughout the federal prison system, a rumor mill lovingly referred to as Inmate.com churns out information without a reliable source that adds endless confusion to inmates’ expectations for the future.
The latest rumor includes a proposed amendment that will change the way criminal history is looked at for inmates in federal prison and defendants facing federal prison alike. Unfortunately, this rumor is false.
There is no amendment in the pipeline that will change criminal history points or consideration of criminal history in sentencing.
Here’s where the confusion may have originated: Last year, before April 30th when the Sentencing Commission started promulgating the amendments, there was a proposed amendment that would have eliminated consideration of state offenses as a predicate for the Armed Career Criminal Act and the 851 career criminal enhancement.
However, the United States Sentencing Commission did not move forward with this amendment.
There’s always next year. In the meantime, if enacting this amendment would make a difference for you or your loved ones, you can voice your opinions to the United States Sentencing Commission through their website. They regularly invite public comment before enacting amendments every year.