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The program is open to inmates with a documented history of substance use in the 12-month period prior to arrest for the sentence they are currently serving. It is authorized in 18 U.S.C. § 3621. [8] RDAP is only available to inmates in federal prisons; state prisoners are not eligible to participate.
The 3-level reduction is only available to defendants with an offense level of 16 or greater, and it requires a timely guilty plea. Federal plea agreements usually include a stipulation that the government will support granting the defendant the acceptance of responsibility reduction. The guideline states, in reference to the 2-level reduction: [2]
A two- or three-level offense level reduction is usually available for those who accept responsibility by not holding the prosecution to the burden of proving its case; this usually amounts to a complete sentence reduction had they gone to trial and lost. [31] The Federal Rules of Criminal Procedure provide for two main types of plea agreements ...
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
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The chair of the Commission issued a statement on the same day saying that "This modest reduction in drug penalties is an important step toward reducing the problem of prison overcrowding at the federal level in a proportionate and fair manner," said Judge Patti B. Saris, chair of the commission. "Reducing the federal prison population has ...
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