In April 2014, Deputy Attorney General James Cole announced a set of criteria the Justice Department will consider when reviewing clemency petitions from federal prisoners. Below are Instructions and Reference Materials for evaluating whether applicants meet the criteria and what is required in a clemency package. For frequently asked questions on the Justice Department's clemency initiative, see the Clemency Project 2014 Overview and FAQ's.
The following individuals prepared or contributed to these materials:
Amy Baron-Evans, Jennifer Niles Coffin, Janet Hinton, Sarah Gannett, Paresh Patel, Sapna Mirchandani, Molly Roth, Michael Holley, Rosemary Cakmis, Renee Pietropaolo, MiAngel Cody, Davina Chen, Mark W. Osler, JaneAnne Murray, Todd R. Bussert and Hank Sadowski.
Instructions for Every Case
- Overall Instructions for Federal Defenders: How to Determine Whether an Applicant Meets the Criteria, What Is Required in a Clemency Package (cited in other memos as "Overall Instructions")
- Necessary Documents and How to Obtain Them
- BOP Release of Information Consent, Appendix FI
- Certification of Identity, Appendix F2
- Reading, Interpreting and Using BOP Records
- When Conflicts May Arise for Federal Defenders
Special Instructions for Clemency Package
- How to Answer Question 5 on the OPA Form Petition
- Release Preparation
- Re-entry Questionnaire
- FJC Reentry Court Information and Contact List
- How to Set Up the Bookmarks Panel in the Combined PDF to Function as an Interactive Table of Contents
Special Instructions for Time Served Requirement
Special Instructions for Non-Violent Offender/History of Violence
Special Instructions for Determining Whether the Sentence Would be Lower Today
All Cases
- Ameliorating Amendments to U.S. Sentencing Guidelines
- Calculating the Guideline Range Then and Now
- How the Supreme Court's Decisions Rendering the Guidelines Advisory Would Result in a Lower Sentence Today
- Mistakes and Oversights Not Caught at the Time and Never Corrected
- The Interaction of Federal and State Sentences
- Pending and Possible Court Challenges: Appeals, Habeas Petitions, § 3582(c)(2) Motions
Drug Cases
- How a Sentence for a Drug Offender May be Lower if Imposed Today
- How a Person Whose Sentence Was Previously Enhanced Based on a "Felony Drug Offense" under 21 U.S.C. § 851 Would Receive a Lower Sentence Today
- Would an Enhancement for Accidental Death or Serious Bodily Injury Resulting from the Use of a Drug No Longer Apply Under the Supreme Court's Decision in Burrage v. United States, 134 S. Ct. 881(2014), and Alleyne v. United States, 133 S. Ct. 2151 (2013)?
- Would the Supreme Court's Decision in Alleyne v. United States, 133 S. Ct. 2151 (2013), Lead to a Lower Sentence Today?
- How a Person Previously Sentenced as a "Career Offender" Would Likely Receive A Lower Sentence Today
- California "Wobblers": How to Determine Whether a Prior California Conviction Was a Felony or Misdemeanor
- Drugs Minus Two - Amended Drug Quantity Tables at USSG §§ 2D1.1(c) and 2D1.11(d) (Effective Nov. 1, 2014)
- How to Deal with the Retroactive Drugs Minus Two Amendment
- Guidance regarding Johnson v. United States, 135 S.Ct. 2551 (2015) for clients whose sentences would not be enhanced today based on a "violent felony" or "crime of violence," and timing for filing a clemency petition in light of Johnson
- Attorney General's Charging Policies:
- Memorandum to All Federal Prosecutors from Eric H. Holder, Jr., Attorney General, Department Policy on Charging and Sentencing at 2 (May 19, 2010)
- Memorandum from Eric H. Holder, Jr., Attorney General, to the United States Attorneys and Assistant Attorney General for the Criminal Division on Department Policy on Charging Mandatory Minimum Sentences and Recidivist Enhancements in Certain Drug Cases
- Memorandum from Eric H. Holder, Jr. Attorney General, to the United States Attorneys and Assistant Attorney General for the Criminal Division on Retroactive Application of Department Policy on Charging Mandatory Minimum Sentences and Recidivist Enhancemen
- Memorandum to All Federal Prosecutors from Eric H. Holder, Jr., Attorney General on § 851 Enhancements in Plea Negotiations (9/24/14)
Firearms Cases
- How a Person Who Was Convicted of a Firearms Offense, or Was Convicted of a Drug Offense and Received a Guideline Increase Because a Firearm "Was Possessed," May Qualify for Commutation
- Howa Person Who Was Sentenced Under ACCA 18 U.S.C. Would Likely Receive a Lower Sentence Today
- Would the Supreme Court's Decision in Alleyne v. United States, 133 S. Ct. 2151 (2013), Lead to a Lower Sentence Today?
- Guidance regarding Johnson v. United States, 135 S.Ct. 2551 (2015) for clients whose sentences would not be enhanced today based on a "violent felony" or "crime of violence," and timing for filing a clemency petition in light of Johnson
Immigration Cases