Search for helpful compassionate release motions and decisions by Jurisdiction. 

Find helpful compassionate release motions and decisions involving 851 enhancements here. 

Find helpful compassionate release motions and decisions involving 1.B1.13

Find helpful compassionate release motions and decisions involving stacked 924(c) charges here. 

Welcome to NACDL’s Federal Compassionate Release Resource Library. The documents found on this page are provided to assist NACDL members and volunteer attorneys with resources for compassionate release motions written and filed on behalf of incarcerated individuals. 

NACDL advocated for improvements to Oregon's compassionate release laws. 

We respectfully submit the following comments on the Commission’s tentative priorities for the amendment cycle ending May 1, 2023, with a particular focus on the implementation of the First Step Act of 2018. … In this current cycle, we welcome the Commission’s focus on the decarceration focus of the First Step Act, as well as all efforts to reduce the rate of incarceration in federal cases, the size and racial disparities of our federal incarcerated population, and the guideline rigidity that discourages or limits the recognition of each offender’s humanity and redemptive potential.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellee.

Argument: NACDL’s amicus brief argues that sentencing errors can be an extraordinary and compelling reason for a reduction in sentence. Sentencing errors fit within the definition of “extraordinary” and “compelling.” The government’s argument conflicts with the First Circuit’s decision in United States v. Ruvalcaba and similar cases from other circuits. A motion for compassionate release is fundamentally different than a second habeas petition.

Congress Passes First Step Act; a Move in Right Direction for Federal Criminal Justice Reform - Washington, DC (Dec. 20, 2018) – Today, Congress passed the First Step Act and it is expected that the president will sign the bill into law in the coming days. NACDL and its members have long pressed to fix the unjustly severe federal sentencing regime, advocating for much more sweeping changes than are included in the First Step Act. 

NACDL seeks volunteers in historic pro bono effort to secure compassionate release for the most vulnerable federal prisoners.

FAMM, Washington Lawyers’ Committee, NACDL Launch Emergency Compassionate Release Effort-- In a massive pro bono effort, our groups are recruiting, training, and supporting lawyers who agree to represent individuals in federal prisons eligible for compassionate release and those at special risk due to COVID-19.

Memorandum Opinion Granting Motion for Compassioante Release 

Argument: Court based ECR on COVID and medical issues (58, kidney cancer, Type 2 diabetes, heart disease, hypertension, chronic kidney disease, asthma, arthritis, and gout), HOWEVER, for 3553(a) factors, court focused on fact that Wise would not be a career offender today. 

The fact remains that if Wise had been sentenced in August 2019, as opposed to July 2019, he likely would have received a lower sentence than the one he received, because he would not have been labeled as a Career Offender. Viewed from that perspective, Wise's incarceration — for a period of about twelve months — is sufficient to serve the goals of incapacitation, deterrence, retribution, and rehabilitation.

Amended Motion (Nov. 19, 2020)

Order (July 28, 2021)

Argument: Hernandez had a great COVID argument and a great excessive sentence argument, but both were foreclosed by Seventh Circuit opinions (Broadfield and Thacker) before court could rule.  Instead, district court relied on remaining issues--changing attitudes about marijuana--as the extraordinary and compelling reasons and granted a reduction time-served. 

Opinion and Order Granting Motion to Sentence Reduction 

Argument: Leon Ford Jr. was sentenced to 483 months for four counts, including two 924(c) counts. Motion based on diabetes and other health issues, as well as amendments to 924(c). Ford was also sentenced before the decisions in Booker and Dean that affected sentencing. Sentence reduced to time served (equivalent of 24 years with good time). Court noted and was “mindful” of sentencing disparity despite government concession that health issues and COVID alone constituted extraordinary and compelling reason. “[W]hile the sentencing disparities that result from the First Step Act’s amendment to 924(c) do not necessarily constitute extraordinary and compelling reasons warranting a sentence reduction, the Court is mindful of this factor in this case.”

Memorandum Granting Compassionate Release 

Argument: In Feb. 2000, a jury convicted R.V. Young of five counts of bank robbery, 18 U.S.C. § 2113(a) & (d), and five counts of using a firearm during a crime of violence, 18 U.S.C. § 924(c)). All told, Young was sentenced to 1,107 months (92.25 years) imprisonment. Judge Trauger held that: (1) the “drastic change” effected by the First Step Act's amendment of the statute that authorized a longer sentence for a second conviction than a first for using a firearm during a crime of violence itself constituted an extraordinary and compelling reason to reduce Young’s sentence; (2) Young’s age, health conditions, and 19 years in prison constituted extraordinary and compelling reasons to reduce his sentence; and (3) that a hearing was required for the district court to consider the relevant sentencing factors to determine the appropriate sentence.