To qualify, an inmate must meet the requirements listed in 18 U.S.C. § 3582(c). Those are:

(1) Extraordinary and compelling reasons warrant a sentence reduction; or

(2) 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).

If either of those criteria are met, the district court will consider the 18 U.S.C. § 3553(a) factors and decide whether the person should be released. The § 3553(a) factors include:

+ the nature and circumstances of the offense and the history and characteristics of the defendant;
+ the need for the sentence imposed—
• to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
• to afford adequate deterrence to criminal conduct;
• to protect the public from further crimes of the defendant; and
• to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.

In November 2023, the United States Sentencing Commission issued a new policy statement providing courts with a list of circumstances that may qualify as extraordinary and compelling. A few examples include:

Health: serious medical problems that can’t be adequately managed in prison

Age: individuals over age 65 with deteriorating health who have served 75% of their sentence or 10 years

Family Need: the individual’s children or parents have no other caregiver

Harsh Sentences based on Outdated Laws: Those who have received an unusually long sentence and have served at least 10 years in prison. For example, many courts have found that individuals sentenced under the harsh 18 U.S.C. § 924(c) stacking law or 21 U.S.C. § 851 qualify.

First, a person seeking compassionate release needs to submit a request to the warden of the federal prison in which he or she is housed. If the warden denies compassionate release, or if 30 days pass with no response from the warden, then the person can seek compassionate release from the district court in which they were sentenced.

It is important to obtain copies of the request for compassionate release submitted to the warden, any relevant medical records, certificates of completed courses and employment in prison, and character letters from prison counselors or other staff.

An attorney can help you argue your case for release to the district court. The government almost always opposes release and a competent attorney can help show the court why release is appropriate in your case.