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It's the 2023 Criminal History Amendment.

Materials Relating to the 2023 Criminal History Amendment

This page answers many basic questions that the public may have about the 2023 Criminal History Amendment and retroactivity.
www.ussc.gov www.ussc.gov

There are two parts of the 2023 Criminal History Amendment that an individual may be eligible under:

Part A of the amendment decreases “Status Points” by one point for individuals with seven or more criminal history points and eliminates them for individuals with six or less criminal history points. Individuals who received Status Points in their criminal history calculation are eligible for this retroactive reduction.

There are no eligibility limitations under this part of the amendment based on crime type, violence, or weapons but these are factors a court may consider in determining whether to grant a sentence reduction.

Supbart 1 of Part B creates a new §4C1.1 guideline that provides a decrease of two offense levels for “Zero-Point Offenders” (no criminal history points) whose offense did not involve specific aggravating factors.

In order to qualify for a sentence reduction under subpart 1 of Part B, the individual must meet all of the following criteria:
  1. the defendant did not receive any criminal history points from Chapter Four, Part A;
  2. the defendant did not receive an adjustment under §3A1.4 (Terrorism);
  3. the defendant did not use violence or credible threats of violence in connection with the offense;
  4. the offense did not result in death or serious bodily injury;
  5. the instant offense of conviction is not a sex offense;
  6. the defendant did not personally cause substantial financial hardship;
  7. the defendant did not possess, receive, purchase, transport, transfer, sell, or otherwise dispose of a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;
  8. the instant offense of conviction is not covered by §2H1.1 (Offenses Involving Individual Rights);
  9. the defendant did not receive an adjustment under §3A1.1 (Hate Crime Motivation or Vulnerable Victim) or §3A1.5 (Serious Human Rights Offense); and
  10. the defendant did not receive an adjustment under §3B1.1 (Aggravating Role) and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. § 848.
Those individuals who are already scheduled to be released before February 1, 2024 will not be able to receive a reduction in their sentences.
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