Compassionate Release

Compassionate release, pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), is one of the most exciting legal developments in recent years for individuals serving federal prison sentences. Compassionate release gives judges the authority and power to reduce the sentences of federal inmates upon a finding of “extraordinary and compelling” circumstances.

While this may not seem like a big deal, it is. Until recently, it was virtually impossible to obtain a reduction of a federal sentence – no matter how unfair the sentence may have been. Now, under compassionate release, almost anything is possible.

Brown Law has already won an amazing 23 compassionate release cases. Here is a list of our winners:

Recent changes in the law give individual judges broad discretion to determine what constitutes “extraordinary and compelling” reasons for granting a sentence reduction. The Fourth Circuit affirmed this standard in United States v. McCoy. 

Many of the cases that Brown Law has won are based on sentencing disparity. With McCoy and other decisions like it, inmates are now able to obtain compassionate release if they have received disproportionately long sentences based on outdated sentencing guidelines. In particular, compassionate release can succeed in cases were a judge was forced to impose a harsh sentence that would no longer be imposed by today’s standards. Judges can also use compassionate release to fix an error that occurred in a past sentencing, or to correct a miscarriage of justice.

This is truly an extraordinary development in the law, and we at Brown Law are very excited by it. Read more about compassionate release and the McCoy decision HERE.

If you are aware of someone who may be eligible for compassionate release, please contact an attorney Brown Law to discuss your options.