Can a federal sentence be reduced since state law changed felonies to misdemeanors?

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Can a federal sentence be reduced since state law changed felonies to misdemeanors?

I was wondering if a federal sentence could be reduced if the enhancment of the sentence of previous felony convictions are now considered misdemeanors under Prop 47? My friend is serving a 15 year sentence and half of his sentence is from felony convictons that are no longer felonies? How can I try to get his sentence reduced? Is it even possible?

Asked on December 27, 2016 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A state law (such as Prop 47) does not impact a federal offense, only federal law can do that. And my research suggests that the federal system has strict rules about the finality of judgments in criminal cases. To be certain of what can be done in this situation, you should consult directly with an attorney who practices criminal law in the federal courts. They can best advise you further.


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