What You Need to Know About the Big Changes to Federal Sentencing That Just Went Into Effect

By Barry Wax

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News

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Nov 18, 2025

Executive Summary:

Significant changes to the federal sentencing guidelines took effect on November 1, 2025. Key updates include clarification of enhancements for physical restraint and firearms, new leniency for low-level drug offenders, harsher penalties for machinegun conversion devices, and a lower mental state requirement for fentanyl distribution charges. These shifts aim to resolve circuit conflicts and increase fairness, but they also raise concerns about overreach and uneven enforcement. At the same time, underfunding of court-appointed defense is creating a crisis for the majority of federal defendants.

If you or someone you care about is facing federal charges or even serving a sentence, this matters. As of November 1, 2025, the U.S. Sentencing Commission (USSC) made major changes to how federal sentences are calculated. These aren’t minor technical updates. These are significant shifts that affect how long people are sentenced to imprisonment, how judges interpret enhancements, and how low-level drug offenses are treated.

Understanding these changes could be the key to getting a more fair outcome in your case. And in some situations, these changes might even be applied retroactively.

1. “Physically Restrained” Enhancements Get a Clearer Definition

One of the most significant updates resolves a long-standing debate between federal courts. Some judges added time to a sentence when someone was simply held at gunpoint, while others didn’t unless there was physical contact or confinement. Now, the guidelines clearly state: the “physically restrained” enhancement only applies if the victim was tied, bound, locked up, or otherwise physically held.

2. Firearm Threats Must Be Specific to Count

A second clarification addresses the use of firearms. Before, vague threats with a gun could lead to a sentencing increase. Now, the enhancement only applies when a firearm is used to make a specific threat (like pointing it at someone), or if there’s physical contact (like pistol-whipping). That’s a big difference in how courts evaluate the use of force.

3. Traffic Stops Are Not “Intervening Arrests”

The term “intervening arrest” affects how prior convictions are counted in criminal history scoring. Until now, some courts have considered a routine traffic stop an arrest, while others have not. The new rule clarifies: a traffic stop is not an intervening arrest. This change can lower a person’s criminal history score and potentially shorten their sentence.

4. Low-Level Drug Offenders Get a Break

This update may have the widest impact. The Commission has added new guidance for low-level roles in drug trafficking cases. Now, people who acted as couriers, lookouts, or who sold drugs to support a habit may receive mitigating role reductions. Even if they weren’t given the role adjustment at sentencing, the judge is encouraged to consider it.

This change addresses long-standing complaints that people on the lowest rungs of the drug trade often got punished as harshly as high-level organizers.

5. Fentanyl-Related Offenses Now Include “Reckless Disregard”

This is a big one. If someone is accused of distributing fentanyl or a fake pill laced with fentanyl, the sentencing enhancement used to require knowledge or “willful blindness.” Now, the bar has been lowered to “reckless disregard.” That means a person could get more prison time even if they didn’t know for sure the drug contained fentanyl. 

This change is designed to address the public health crisis, but critics worry it may punish people unfairly if they were unaware of what they were handling. Either way, it is certain to be aggressively challenged by defense attorneys.

6. Machinegun Conversion Devices (MCDs) Come with Harsher Penalties

If you’re caught with a machinegun conversion device (like a Glock switch), expect a serious sentence increase. These amendments create a 2-level bump for four or more devices, and 4 levels for 30 or more. The goal is to deter the spread of these dangerous tools, which can turn a legal firearm into a fully automatic weapon.

What This Means Going Forward

These changes reflect a larger shift: the USSC is trying to clean up inconsistencies, bring fairness to sentencing, and respond to public safety concerns, especially around drugs and weapons. But the implementation isn’t always consistent, and the fight for a just and reasonable  sentence still depends on having the right legal strategy in place.

If you’re already charged or you’ve been sentenced and believe these changes could apply to your case, now is the time to act.

Barry Wax gives people in trouble the ability to make the right choices and regain control of their lives. If you or someone you know is facing federal charges or believes a past sentence may be impacted by these guideline changes, call Barry. He’ll give you the straight truth and a real path forward.