GOIN’ RETRO: Retroactive Application of ZPO and Status Point Amendments

Set For Sentencing

The Zero Point Offender and Status Point modifications to the Sentencing Guidelines go into effect on November 1. They are RETROACTIVE.

But not everyone knows whether they may benefit from the changes or how to go about getting that benefit.

Therefore, helping us get Set for Sentencing, Mark Allenbaugh, and Keith Hilzendeger to tell us everything you everything you need to know.

This episode is for those who have resources to engage private counsel to fight this fight, or for those who may need help from the Federal Public Defender.

Either way, change is coming, and we must be ready.

IN THIS EPISODE:

PART ONE: MARK ALLENBAUGH

• Overview of the “ZIPPO”, or ZERO POINT OFFENDER guideline amendment;
• Overview of the “status points” adjustment changes;
• Retroactivity and the February 1, 2024 target date;
• DO NOT WAIT until 11/1 to ask for these 2 levels off or, consider asking for a continuance until the amendment goes into effect!
• Using compassionate release motions to effectuate the change on the grounds that if you are immediately eligible for release, you shouldn’t have to wait until February 1, 2024;
• Covid is still a thing, and why it matters to Zippo motions;
• What to do if your sentencing is set before the changes take effect (11/1/23).

PART TWO: KEITH HILZENDEGER, ASST. FEDERAL PUBLIC DEFENDER

Advice for clients who cannot afford to hire counsel to deal with Zippo/Status Point changes.

LINKS:

For an overview of the Zero Point Offender (ZIPPO) amendment, check out episode, ___ where we go into all the basics.

https://setforsentencing.com/podcast/zippo/