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.