Comment from June 2, 2025

June 2025
Comment Received on Possible Retroactive Application of Certain 2025 Amendments
90 FR 19798

In April 2025, the Commission requested comment regarding whether it should include in the Guidelines Manual as changes that may be applied retroactively to previously sentenced defendants certain amendments described in further detail below.

Issue for Comment:

The April notice set forth a request for comment regarding whether the Commission should list in subsection (d) of §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)) as an amendment that may be applied retroactively to previously sentenced defendants any or all of the following: 

  • Part A (Circuit Conflict Relating to “Physically Restrained” Enhancements) and Part B (Circuit Conflict Relating to the Meaning of “Intervening Arrest” in §4A1.2(a)(2)) of Amendment 1;

  • Subpart 1 (Mitigating Role Provisions at §2D1.1(a)(5)) and Subpart 2 (Special Instruction Relating to §3B1.2) of Part A of Amendment 2. 

The Background Commentary to §1B1.10 lists the purpose of the amendment, the magnitude of the change in the guideline range made by the amendment, and the difficulty of applying the amendment retroactively to determine an amended guideline range under §1B1.10(b) as among the factors the Commission considers in selecting the amendments included in §1B1.10(d). To the extent practicable, public comment should address each of these factors.

Submitters:

  • Committee on Criminal Law of the Judicial Conference of the United States [5]
  • U.S. District Judge Stephen Bough [13]
  • U.S. Department of Justice, Criminal Division [14]
  • Federal Public and Community Defenders [26]
  • Probation Officers Advisory Group [48]
  • Tribal Issues Advisory Group [52]
  • Victims Advisory Group [55]
  • Baltimore Community Chapter/National Action Network [68]
  • Brennan Center for Justice at NYU School of Law [69]
  • Criminal Law and Justice Center at UC Berkeley School of Law [71]
  • (De)serving Life [72]
  • FAMM [73]
  • Free Da Gang, LLC [80]
  • FWD.us [81]
  • National Association of Criminal Defense Lawyers [87]
  • Our Brothers Keepers [92]
  • Alison Siegler, Alyssa Fagel & Grant Delaune, Professors/Researchers [93]
  • Jl Angell, Religious Leader [98]
  • Quincy Blair, Attorney at Law [99]
  • Margaret Boyce-Furey, Attorney at Law [100]
  • Sandra Collins, Attorney at Law [101]
  • Alison Flaum, Attorney at Law [102]
  • Tracy Johnson, Office of Inspector General for USPS (Retired) [103]
  • Amy Kimpel, Professor/Researche r[104]
  • David McMaster, Religious Leader [105]
  • Deione Wills, Religious Leader [106]
  • Shane & Katie Guidry [107]
  • Anya Axelrod [108]
  • Vonetta Barnwell [110]
  • Emma Benson [111]
  • Kiana Cerna [112]
  • Elizabeth Delgado [113]
  • Charea Fairey [114]
  • Susan Griffith [115]
  • Aja Hall [116]
  • Walter Harris [117]
  • Angel Hopper [118]
  • Nancy Matthews [119]
  • Dolores Ortiz [120]
  • Suzanne Palmer [121]
  • Gary Quigg [122]
  • Eileen Sanchez [123]