Q: I’m awaiting sentencing in federal court. Can I get credit for going to rehab or getting a job?
A: Possibly. The U.S. Sentencing Commission has proposed a new guideline amendment for 2026 that would create a formal sentencing reduction for defendants who demonstrate positive post-offense behavior or rehabilitative efforts before sentencing.
What Is Being Proposed
A new Section 3E1.2 would allow federal judges to reduce a defendant’s offense level if the defendant demonstrates a sustained commitment to positive behavioral change. This could include completing substance abuse treatment, obtaining employment, pursuing education, performing community service, making restitution, or other meaningful rehabilitation.
Why This Matters
In the federal system, there is often six months to a year or more between a conviction and the sentencing hearing. During that time, defendants who take proactive steps toward rehabilitation can demonstrate to the court that they are less likely to reoffend. Defense attorneys have long argued for credit for this conduct, but until now there has been no formal guideline provision for it.
What You Should Do Now
If you are awaiting sentencing in federal court, you should work with your attorney to develop a comprehensive sentencing plan that includes verifiable rehabilitation efforts. Even if the new amendment is not yet in effect, judges already have discretion under 18 U.S.C. § 3553(a) to consider rehabilitation as a sentencing factor.
Related Practice Areas
Federal Criminal Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.