Compassionate Release Ruling Limits Commission Policy Statement

The US Sentencing Commission’s compassionate release policy provision for “unusually long sentences,” added in 2023, can’t stand, the Sixth Circuit ruled Tuesday.

“The Commission’s attempt, via the U.S.S.G. § 1B1.13(b)(6) policy statement, to empower courts to give retroactive effect to nonretroactive sentencing amendments and to ignore or overcome statutory mandatory minimum sentences violates the separation of powers,” the court said.

The decision resolves three separate appeals that were consolidated for oral argument in October.

Lois Orta and Ellis McHenry were appealing from denials of their motions for compassionate release after the district court declined to consider nonretroactive changes made by ...