U.S. Sentencing Commission split on retroactivity; vote fails to make mitigating-role cap retroactive

The United States Sentencing Commission voted on whether to make subpart 1 of part A of amendment 8.33 — a change to the mitigating-role cap — retroactive and failed to secure the necessary votes. The commission’s general counsel told commissioners the agency had solicited public comment, published a retroactivity impact analysis and held a public hearing; staff had proposed an effective date of Nov. 1, 2025, if the amendment were promulgated. Chair Carlton W. Reeves framed the debate around “data and democracy,” saying the commission must weigh administrative burdens against the costs of continued incarceration. Reeves noted an estimated annual per-inmate incarceration cost and told commissioners, “Those costs need to be calculated clearly, I believe, and they must be weighed…