Representation To Secure Post-Sentencing Reductions
In the event a client is sentenced to prison, there are really only two viable means to reduce this sentence of imprisonment. First, if the client is cooperating with the government and cooperation has not been fully rewarded at the time sentence was initially imposed, the sentence can nonetheless be later reduced if the government files a Rule 35 motion. The second manner that a sentence can be reduced is pursuant to 18 U.S.C. § 3582(c)(2). These latter reductions are typically the result of changes in the Sentencing Guidelines by the United States Sentencing Commission and the amendments are expressly made retroactive to those inmates serving sentences based on the Guideline that was amended.
While he was the Federal Public Defender for the Southern District of Ohio, Steve Nolder secured hundreds of reductions for clients serving sentences for crack offenses. These reductions occurred first in 2008 when the Sentencing Commission amended the crack guideline and again in 2010 when Congress enacted the Fair Sentencing Act.