Public Comments Open On 2025 Sentencing Amendments Until March 18, 2025 here
Every year the United Sates Sentencing Commission proposes new sentencing guideline amendments. Those amendments follow the same calendar schedule, every year. The amendments are proposed in January/February. The public can comment until March. The amendments are voted on in May. Retroactivity is voted on in August and the amendments that have passed go into effect on November 1st.
There are four sets of amendments this year. The one affecting most of our followers and clients involves the disparity between pure methamphetamine and “meth mix”. Historically, United States Attorneys have opted to punish methamphetamine offenders using the harsher “pure meth” guideline which is traditionally 4 points higher than “meth mix”.
Two years ago, the Commissioner of the United States Sentencing Commission, Carlton Reeves, who is also the Chief District Judge in Souther Mississippi (Where Yazoo City inmate cases are heard), penned an opinion on the disparity saying that it should be done away with. This year, rather unexpectedly, it was proposed as an official amendment on January 24, 2025 with Reeves’ blessing.
What Does This Mean
If you or your loved one is in federal prison for methamphetamine and received a harsher sentence for “pure” methampehtamine, if the amendment passes and if the amendment is determined to be retroactive, you may be entitled to relief. But understand, even if you are entitled to the relief you may not get it automatically. You may need to file an 18 U.S.C. 3582(C)(2) motion, the same way it had to be done for the 821.
Again this is all predicated on whether the amendment passes and if it’s decided to be retroactive. The vote is in May and the retroactivity decision will be made in August and not a day earlier.
What Can We Do Now
Yes there is something you can do now. You can submit a public comment by clicking this link. All of these comments are read, many of them are published and believe it or not they DO make a difference. Many of the public comments around The First Step Act were used in the final version.
