ATTORNEY Robert T. Torres, who also serves as federally appointed defense counsel under the Criminal Justice Act, said the federal sentencing guidelines have been amended and, if approved by the U.S. Congress, some defendants in the CNMI may be released earlier.
“Sentencing guidelines are used in the federal criminal system to assist with the determination of a federal defendant’s sentence,” he said.
“The guidelines are not mandatory, but the court must consult the guidelines when deciding upon an appropriate sentence,” Torres added.
“The United States Sentencing Commission promulgates the sentencing guidelines, but the Commission has been without a quorum for about five years. So, there have been no amendments to the Guidelines until now. The Commission has issued several amendments and believes that these amendments will result in fairer sentences. The amendments to the Guidelines deal, in part, with how a defendant’s criminal history is calculated,” Torres said.
On Aug. 24, 2023, the United States Sentencing Commission, in a media release, stated that it voted to allow retroactive sentence reductions.
The vote authorized federal judges to reduce sentences for eligible incarcerated persons beginning Feb. 1, 2024 should the guidelines become effective.
According to Torres, a defendant’s criminal history is one component that drives a determination of the length of incarceration.
“Under the amendments, the recommended length of a sentence under the Guidelines will actually decrease for some defendants. More importantly, the Commission voted to make these changes to the criminal history rules retroactive. So, it is possible that some defendants who have been previously sentenced by the district court may have their sentences reduced,” Torres said.
He said the amendments also affect the process commonly known as compassionate release, in which an incarcerated defendant is able to file a motion with the district court for release from prison under “extraordinary and compelling reasons.”
The amendments expand the list of reasons upon which the motion for release can be based, Torres added.
“For now, the amendments must be approved by [the U.S.] Congress, but it is expected that obtaining such approval will not be a problem. If approved, these and other amendments could result in defendants here [in the CNMI] and across the nation being released earlier from incarceration,” he said.
Torres added, “The amendments reflect the research and guidance from the Commission…. Defense counsels find these amendments to be noteworthy with the Commission’s efforts to ensure sentencing reform that is sufficient but no greater than necessary to achieve the ends of justice as set forth in the federal sentencing statute.”
The United States Courthouse in Gualo Rai, Saipan.
