Who qualifies for compassionate release?

A federal judge can shorten a prison sentence when three things are true. There are extraordinary and compelling reasons — the law's words for reasons that are unusual and serious. The reduction fits the rules written by the U.S. Sentencing Commission. And the usual sentencing factors in 18 U.S.C. § 3553(a), like the crime and public safety, still allow it.

In short, the reason has to be about the person's life now: serious illness, age, a family emergency, or abuse in prison.

What the Supreme Court decided on May 28, 2026

On the same day, the Court decided Rutherford v. United States and Fernandez v. United States. Compassionate release still exists. But two kinds of arguments no longer work.

Rutherford: Sometimes Congress lowers a sentence for future cases but does not make the change retroactive (it does not apply to people already sentenced). That gap between an old sentence and a new one cannot be an extraordinary and compelling reason — not by itself, and not combined with other reasons. The Court said the Commission's 2023 rule is invalid to the extent it says otherwise.

Fernandez: If the real argument is that the conviction is wrong — for example, innocence or a trial error — it does not belong in a compassionate release motion. It belongs in a 2255 motion (a request under 28 U.S.C. § 2255 asking the judge to throw out a conviction or sentence because something went legally wrong).

What still counts: the person's own situation

The Sentencing Commission's rule, U.S.S.G. § 1B1.13(b) (as amended November 1, 2023), lists these reasons:

• A terminal illness, or a serious medical condition that badly limits the person's ability to care for themselves in prison and will not get better
• A medical condition that needs long-term or specialized care the prison is not providing, putting the person at risk of serious decline or death
• An ongoing disease outbreak or declared public health emergency at the prison, when the person's own health puts them at higher risk of severe illness or death and that risk cannot be reduced in time
• Age 65 or older, a serious decline in health because of aging, and at least 10 years or 75 percent of the sentence served, whichever is less
• A family emergency — the person caring for their minor child (or an adult child who cannot care for themselves) has died or can no longer do it, or a spouse, registered partner, or parent is incapacitated and the person in prison would be the only available caregiver
• Sexual abuse, or physical abuse causing serious injury, by prison staff while in custody
• Other reasons just as serious as these

Fitting one of these is a start, not a yes. The judge still decides whether the facts are extraordinary and compelling, and still weighs the sentencing factors.

A good prison record helps, but it is not enough alone

Classes, jobs, and a clean record can help a motion. They cannot be the only reason. Congress says so in 28 U.S.C. § 994(t), and the Commission repeats it in U.S.S.G. § 1B1.13(d). Rehabilitation can still count together with other reasons.

What this is not

• Not a second appeal
• Not a substitute for a 2255 motion or a 2241 petition
• Not a way to get the benefit of a sentencing change Congress did not make retroactive
• Not available for a state sentence

If the real problem is that the conviction is wrong, or that a newer law would mean less time, this is the wrong motion. We'll tell you that in the consultation, and point you to what fits.

The Bureau of Prisons' own rules

The Bureau of Prisons updated its rules on September 3, 2026 (Program Statement 5050.51). The Bureau no longer has its own family categories, but a judge can still consider family emergencies under U.S.S.G. § 1B1.13(b)(3). Either way, the process starts with a written request to the warden. Since the First Step Act, you can then go to court once the warden has had the request for 30 days.