Compassionate Release

Once a sentence becomes final and all appeals are exhausted, the district court loses jurisdiction to reduce a federal defendant’s sentence except under limited circumstances. One of those limited circumstances is a motion to reduce sentence pursuant to 18 U.S.C. § 3582(c)(1)(A), commonly referred to as a compassionate release.

Until recently, compassionate releases were extremely limited. Only the Director of the Bureau of Prisons could file a compassionate release motion. However, in 2018, the First Step Act modified § 3582(c)(1)(A) to allow for defendants to move for compassionate release on their own behalf.

Under statute, a compassionate release may be filed by a federal defendant “after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier[.]” 18 U.S.C. § 3582(c)(1)(A). If the defendant meets the exhaustion requirements and demonstrates “extraordinary and compelling reasons” for a sentence reduction, the district court may-in its discretion-reduce a term of imprisonment after considering the 18 U.S.C. § 3553(a) sentencing factors.

Exhaustion Requirement

Before a compassionate release motion can be filed in the district court, the defendant must first “exhaust” their remedies under statute. This can be done by filing a request for compassionate release to the warden under Bureau of Prisons Program Statement 5050.50.

The defendant must either then exhaust their administrative remedies (appeal the decision up the BOP Central Office in Washington, D.C.) or wait 30 days after the warden receives the request for compassionate release. The exhaustion language of § 3582(c)(1)(A) has been interpreted somewhat differently amongst jurisdictions. However, the majority of jurisdictions follow the plain text of the statute that exhaustion is met once 30 days have lapsed.

Extraordinary and Compelling

After the First Step Act of 2018, district courts across the country scrambled to determine what circumstances are “extraordinary and compelling” to warrant a compassionate release. Due to the lack of input from the U.S. Sentencing Commission, most courts found that they were free to determine on their own what constitutes extraordinary and compelling factors.

However, on November 1, 2023, the U.S. Sentencing Commission amended U.S.S.G. § 1B1.13 to provide guidance on what categories of circumstances are “extraordinary and compelling.” The Guidelines now provide for six categories that may warrant compassionate release.

1. Medical Circumstances of the Defendant

A federal prisoner may seek a compassionate release based on health and medical circumstances under U.S.S.G. § 1B1.13(b)(1). These reasons can include (1) suffering from a terminal illness; (2) suffering from a serious physical or medical condition, functional or cognitive impairment, or deteriorating physical or mental health due to aging that substantially diminishes the ability to provide self-care within the prison; (3) suffering from a medical condition that requires long-term or specialized medical care that is not being provided by the prison; and (4) a defendant with personal health risk factors being exposed to an ongoing outbreak of infection disease or pubic health emergency.

2. Age of the Defendant

A defendant may seek compassionate release based on age if they are at least 65 years old, experiencing serious deterioration in physical or mental health, and have served at least 10 years or 75 percent of their sentence, whichever is less. U.S.S.G. § 1B1.13(b)(2). 

3. Family Circumstances

A federal inmate may seek compassionate release based on family circumstances such as: (1) the death or incapacitation of the caregiver of the defendant’s minor child or child incapable of self-care because of a mental or physical medical condition; (2) the incapacitation of the defendant’s spouse or registered partner where the defendant is the only available caregiver; (3) the incapacitation of the defendant’s parent when the defendant is the only available caregiver; (4) similar circumstances to that of an immediate family member. U.S.S.G. § 1B1.13(b)(3).

4. Victim of Abuse

A defendant may now seek a compassionate release if they were the victim of abuse while serving the term of imprisonment sought to be reduced. The abuse can be physical or sexual abuse to qualify and must have been committed by, or at the direction of, a correctional officer, employee or contractor of the BOP, or any other individual who had custody or control over the defendant.

To seek a compassionate release under this category, the misconduct must be established either by a conviction in a criminal case, an admission of liability in a civil case, or a finding in an administrative proceeding unless such proceedings are unduly delayed or the defendant is imminent danger. U.S.S.G. § 1B.1.13(b)(4).

5. Other Reasons

This category is a sort of “catch all” provision. The Guidelines provide, “The defendant presents any other circumstance or combination of circumstances that, when considered by themselves or together with any of the reasons described in paragraphs (1) through (4). U.S.S.G. § 1B1.13(b)(5).

6. "Unusually Long Sentence"

If a defendant received a sentence that is unusually long and has served at least 10 years of that sentence, and a change in law (other than amendments to the Guidelines) would result in the defendant receiving a lower term if sentenced today, they may seek compassionate release based on an unusually long sentence. U.S.S.G. § 1B13(b)(6). 

Compassionate Release Motion

Once the compassionate release request has been presented to the warden, and the exhaustion requirement has been met, a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A) can be filed in the district court.

Motions based on health circumstances will need to be substantiated with medical records and should be filed under seal of court. After the motion is briefed, the court will determine whether the circumstances presented qualify as “extraordinary and compelling” and if the § 3553(a) sentencing factors warrant a reduction in sentence. If so, the court has the option of reducing the sentence to time served or extending the term of supervised release in lieu of prison time.

Appeal from Denial of Compassionate Release Motion

Because the district courts retain a great deal of discretion in determining whether a reduction in sentence for compassionate release is warranted, appealing that decision can be a tough road to hoe. In order to successfully appeal, the defendant must show that the district court abused its discretion in denying compassionate release. This is typically shown through evidence that the court misapplied the law or relied on erroneous facts to support its denial.