Supreme Court: Challenges to a Conviction Belong in § 2255, Not Compassionate Release
Fernandez v. United States holds that claims a conviction is invalid, including innocence-type arguments, are not extraordinary and compelling reasons.
News
Court decisions: compassionate release news
Supreme Court: Non-Retroactive Sentencing Changes Can't Support Compassionate Release
In Rutherford v. United States, the Court held that a sentencing change Congress did not make retroactive cannot be an extraordinary and compelling reason.
Fifth Circuit sends denied release request back (2021)
In 2021, the Fifth Circuit threw out a denial of compassionate release in United States v. Cooper and told the lower court to look again.
Judge cuts 1,117-month stacked sentence to 397 months
In 2021, a Texas federal judge cut a man’s 1,117-month stacked robbery sentence to 397 months through compassionate release after 27 years served.
Court ignores BOP 18-month rule for man with terminal cancer
In Wong Chi Fai, a federal court granted release to a man with terminal cancer even though surgery might have helped him live past 18 months.
Release granted when prosecutors took no position
An Arizona federal judge granted compassionate release to an 81-year-old man after prosecutors took no position. Here is what helped and what it means for you.
Court recommends transfer instead of compassionate release
In U.S. v. Ingram, an Ohio federal court denied compassionate release but recommended moving the prisoner to a reentry center near his sick mother.
Maine court: the BOP doesn’t have the final word (2020)
In U.S. v. Fox, a Maine federal court said judges, not the BOP Director, decide what counts as an extraordinary and compelling reason for release.