Drawing the Line: How the Lower Courts Must Adapt to Using Non-Retroactive Changes in Law When Granting Sentence Reductions in Light of Amended Guidelines

Authors

Sophia M. Liechty, Liberty University

Abstract

The United States Courts of Appeals have been divided on whether non-retroactive amendments can be used to reduce an inmate’s sentence under United States Sentencing Guidelines § 1B1.13 in light of the First Step Act. Before the United States Supreme Court’s intervention, the Sentencing Commission acted to amend the First Step Act, clarifying that a nonretroactive change in law may be used as an extraordinary and compelling reason for sentence reduction when the sentence is “unusually long.” The lower federal courts have begun to implement this amendment when granting sentence reductions. However, with these amended guidelines, ambiguity remains regarding how courts must determine whether a sentence is “unusually long.” Ultimately, the courts must look to U.S. Supreme Court precedent to discipline their inquiries.

Recommended Citation

Liechty, Sophia M. (2024) "Drawing the Line: How the Lower Courts Must Adapt to Using Non-Retroactive Changes in Law When Granting Sentence Reductions in Light of Amended Guidelines," Helms School of Government Undergraduate Law Review: Vol. 3, Article 5.
Available at: https://digitalcommons.liberty.edu/helmsundergraduatelawreview/vol3/iss1/5