Compassionate Release Under 3582(c)(1)(A) for Drug Offenders.

The federal statute authorizing compassionate release, 18 U.S.C. § 3582(c)(1)(A), provides that courts have the authority to reduce a term of imprisonment if there are extraordinary and compelling reasons to do so. However, simply being a federal drug offender is not enough to meet the extraordinary-and-compelling standard. In order to obtain compassionate release, federal drug offenders must be able to show that they qualify under one of the circumstances in the U.S. Sentencing Guidelines or that another circumstance applies, which can be very challenging. Under 18 U.S.C. § 3582(c)(1)(A), in order to qualify for a sentence reduction, you must be able to show that you qualify under one of the circumstances in the U.S. Sentencing Commission Policy Statement issued under Section 1B1.13 or another extraordinary and compelling circumstance. In all cases, the U.S. Sentencing Commission’s Policy Statement and the sentencing factors in 18 U.S.C. § 3553(a) must be taken into account, and you must be able to show that a sentence reduction is still appropriate. Once again, federal drug offenders have to be able to show that they qualify for a sentence reduction under one of the policy statements’ extraordinary and compelling circumstances. If you qualify, you then have to show that a sentence reduction is still warranted. If you meet this threshold, then the court has the authority to reduce your imprisonment to time served and impose a term of supervised release. This is what is commonly referred to as compassionate release; it is the imposition of a conditional sentence in which you are released to the community subject to the court’s supervision.

Which Circumstances Can Qualify Under the Amended Compassionate-Release Guideline?

The USSG § 1B1.13 was amended effective November 1, 2023, and now provides expanded guidance on the availability of compassionate release. Specifically, the amended guideline now addresses compassionate release eligibility in the following categories:

• Medical circumstances;
• Age;
• Family circumstances;
• Abuse;
• Death of or substantial injury to a victim or other individuals; and
• Other circumstances.

The amended guideline separately addresses unusually long sentences and changes in law that may affect the eligibility of an offender to seek a sentence reduction. For example, medical circumstance eligibility under the guideline may involve an illness or disability that “substantially diminishes” the offender’s ability to provide self-care within the custodial setting. Age eligibility will typically (though not exclusively) require the offender to be extremely old. Family circumstance eligibility may involve situations such as the death of the offender’s child, the incapacitation of the parent or legal guardian of the offender’s minor child, and other similar family circumstances. The unusually-long-sentence category requires that, among other conditions, the offender has served at least ten years of their sentence prior to seeking compassionate release under the modified sentencing guidelines.

For federal drug offenders, one of the most common (and often difficult) steps in seeking a sentence reduction under § 3582(c)(1)(A) involves being able to show that you satisfy the extraordinary-and-compelling requirement. While the U.S. Sentencing Commission’s Policy Statement provides some clarification, there is still quite a bit of discretion for judges to exercise when reviewing these issues.

Spodek Law Group knows what it takes to build a compelling case for sentence reductions. If you have served at least ten years of your sentence, have a terminal illness, are nearing the end of your life, or have recently suffered the loss of a child, we can help you pursue compassionate release under the U.S. Sentencing Guidelines. Our attorneys can help you develop a strategy for pursuing a sentence reduction and we can help you assemble the necessary documentation to present to the court.

When May the Prisoner File, and What Proof Must Accompany the Motion?

To seek compassionate release under 18 U.S.C. § 3582(c)(1)(A), prisoners must first request compassionate release from the Warden of their respective facility. After thirty days have passed from the date the Warden receives a request, the prisoner can then file with the courts. Section 3582(c)(1)(A) further clarifies that a prisoner may file a motion for a sentence reduction in federal district court after they have exhausted all of their administrative remedies. The motion for a sentence reduction under Section 3582(c)(1)(A) must be filed in the district court that imposed the original sentence. The motion must also be accompanied by the necessary documentation and evidence supporting the prisoner’s request for a sentence reduction. The type of proof required will vary depending on the extraordinary and compelling circumstance(s) involved. As a general rule, the family circumstance requires that the defendant be the sole available caregiver for the family member in need, such as an incapacitated parent or legal guardian of the defendant’s minor child. The illness, disabling condition, or other extraordinary and compelling circumstances may also require medical documentation. The requirement to document the extraordinary and compelling circumstance can make it difficult for federal drug offenders to obtain compassionate release, but it is not an impossible process. While the U.S. Sentencing Commission’s Policy Statement provides significant guidance, the final determination of whether an offender meets the criteria for compassionate release is up to the sentencing judge. The drug conviction, by itself, does not pose any bar to the request. Therefore, a defendant must still show that they qualify for compassionate release under one of the extraordinary and compelling circumstances.

At Spodek Law Group, our law firm understands the complexity involved in seeking compassionate release for a federal drug crime. If you would like to discuss your case with our lawyers in confidence, please call or contact us today.

How Do Courts Test a Drug Sentence Against § 3553(a) and the Release Plan?

How does a court determine whether a reduction in the federal drug offender’s sentence is appropriate? Even if it appears that the extraordinary and compelling circumstances requirement under the sentencing guidelines is met, the court must still test the drug offender’s sentence against 18 U.S.C. § 3553(a) and the proposed release plan. Under 18 U.S.C. § 3582(c)(1)(A), as we discussed above, if a court finds a sentence reduction is warranted, it can impose a term of supervised release as a substitute for the remaining term of imprisonment. The conditions for supervised release can include home confinement and other restrictions the court determines is appropriate in all circumstances. The medical eligibility category also requires careful evidence from the prisoner seeking a sentence reduction. A prisoner must be able to show that they have a medical condition requiring specialized care that is not available at the Bureau of Prisons (BOP) facility in which they are being held. In other words, the prisoner must be able to show that the BOP is not able or willing to provide necessary specialized care for the prisoner’s illness or disability. The abuse category is another circumstance for compassionate release eligibility. This includes cases of physical or sexual abuse experienced during the imprisonment being challenged. However, the abuse category only covers abuse perpetrated by a “correctional officer, employee, contractor, or custodian.” Abuse perpetrated by another prisoner is not one of the extraordinary and compelling circumstances under the guidelines. Also, just like other claims of misconduct within the federal criminal justice system, the abuse must have a supporting criminal, civil, or administrative finding. In other words, just as we’ve talked about previously with other aspects of compassionate release, you will need to present the court with specific proof to substantiate your claims of abuse. Along with evaluating a prisoner’s eligibility under USSG § 1B1.13, the district court has the duty to consider the sentencing factors listed in 18 U.S.C. § 3553(a) as well. Even if a drug offender is found to be eligible for a sentence reduction, the court will review the following factors before allowing him or her to seek compassionate release:

What Do the Fiscal-Year-2024 Drug-Offender Results Actually Show?

While it may seem like an impossible task, federal drug offenders can and do successfully petition for compassionate release under 18 U.S.C. § 3582(c)(1)(A). According to the U.S. Sentencing Commission’s data for fiscal year 2024, courts granted a sentence reduction in 481 cases out of 3,015 decided motions. This translates to a reported fiscal-year-2024 grant rate of 16.0 percent. When focusing specifically on the circumstances that led to a sentence reduction, drug trafficking offenses accounted for 55 percent of cases that received sentence reductions under the extraordinary-and-compelling standard. However, the remaining percentage reveals the challenges involved in seeking compassionate release. To better understand the reasons behind the denial of sentence reductions for federal drug offenders, we can examine why compassionate release motions were denied in fiscal year 2024. Among federal drug offenders who filed motions for sentence reductions under 18 U.S.C. § 3582(c)(1)(A), denied cases featured the following reasons for court refusal: - Insufficient medical proof: This appeared in 7.1 percent of cases denied for compassionate release.

• Section 3553(a) factors: This appeared in 24.7 percent of cases denied for compassionate release. These figures make one thing very clear. Drug offenders who successfully petition for compassionate release have more in common than you might think, and the reasons why others were denied sentence reductions highlight the importance of meeting all relevant criteria when filing a motion for compassionate release. For the purposes of trying to meet these criteria, federal drug offenders must show that they qualify under the U.S. Sentencing Commission’s Policy Statement on Extraordinary and Compelling Circumstances, that they have either fully exhausted their administrative remedies or waited 30 days after the warden received their request, and that a sentence reduction is warranted under a careful analysis of the sentencing factors listed in 18 U.S.C. § 3553(a).

Where to Go From Here

If any of this describes your situation, the next step is a conversation rather than more reading. Spodek Law Group runs a fully online client portal and represents clients coast to coast, with offices in New York, Brooklyn, Queens and Los Angeles. The number is 888 348 8028.