Long underused and unfairly applied by the U.S. Bureau of Prisons, federal compassionate release is seeing a revival under the First Step Act. That law not only corrected many of the flaws in the way the BOP handled compassionate release requests, but allows prisoners direct access to the courts. The new law clarifies the broad range of circumstances related to age, illness, and family circumstances that might trigger eligibility for relief and further opens up exciting new opportunities to seek reconsideration of sentences that are no longer appropriate for a variety of other reasons.

Juan Carlos Barragan had served 16 years of his sentence when a federal judge reduced his sentence to “time served.” His release is one of the success stories of NACDL’s Return to Freedom Project, which files compassionate release motions and clemency petitions on behalf of federal prisoners convicted of marijuana crimes.

NACDL supports the Commission’s proposed amendment to §1B1.13, with some suggested modifications, and supports Option 3 to (b)(6). After reviewing the Commission’s recent hearings on this proposed amendment as well as the submitted written testimony, NACDL focuses its comments on proposals (b)(5), (b)(6), and (b)(4).

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.