Federal Sentence Reduction Motions: Compassionate Release Update

The New York Criminal Bar Association returns to a vitally important subject for all serious federal practitioners, that we originally presented in January 2021. This session will fill you in on everything you need to know about federal motions for a reduction in sentence under 18 USC 3582(c)(1)(A). NYCBA Board Member Harlan Protass and Zachary Segal will begin with a brief overview of the history leading up to the ‘First Step Act,’ which transformed 3582(C)(1)(A) into one of the most useful and versatile tools for federal criminal practitioners. Harlan and Zach will then cover the procedural requirements before getting into court, including who can file and from where. The majority of this remarkable session will turn to the recent amendments promulgated by the US Sentencing Commission, defining what types of circumstances permit a judge to consider reducing a federal prisoner’s sentence. The lion’s share of that discussion will detail the retroactive changes in the law, and the other non-enumerated circumstances, as litigating them will require the most lawyering. Finally, the program will briefly discuss appeals, including the likelihood of success challenging adverse sentencing rulings.

This program is open to experienced and newly admitted attorneys. An application for two (2) hours of New York State Mandatory Continuing Legal Education Credit in Areas of Professional Practice is pending with the New York State CLE Board.

The program is offered for FREE to all current 2024-2025 NYCBA members, institutional defenders, and unemployed attorneys. All others must pay the nominal program fee of $29.99. Assigned counsel (NYC Assigned Counsel Plan [“18-B” Panel] or federal CJA Panel members may pay a discounted rate of $19.99.

Once you have signed up on Zoom and paid for the program if applicable, your registration will be approved and you will receive a confirmation email, with a Zoom link to the program. Course materials will be distributed at the time of the presentation.