What does 18 U.S.C. § 3582(c)(1)(A) say?

This is the federal law that lets a judge shorten a sentence someone is already serving. In plain English, it says:

  • The person must ask the warden first.
  • They can file in court 30 days after the warden receives the request, or sooner if they finish the Bureau of Prisons' appeals.
  • The judge must find “extraordinary and compelling reasons” — reasons that are unusual and serious — or that a narrow age rule applies (age 70, 30 years served under a 18 U.S.C. § 3559(c) “three strikes” sentence, and a Bureau finding of no danger).
  • The judge must weigh the sentencing factors in 18 U.S.C. § 3553(a).
  • The reduction must fit the Sentencing Commission's rules (U.S.S.G. § 1B1.13).

The full text of the key part is below.

What does the text say word for word?

The court may not modify a term of imprisonment once it has been imposed except that—

(1) in any case—

(A) the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the 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, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that—

  • (i) extraordinary and compelling reasons warrant such a reduction; or
  • (ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g);

and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.

Source: 18 U.S.C. § 3582(c)(1)(A), United States Code. For how this law fits with the regulations and the Sentencing Commission's rules, see statutes, regulations, and policy. See also the process and who qualifies.