Compassionate Release Gets Another Look Under First Step Act

District courts reviewing compassionate-release motions can consider the First Step Act’s non-retroactive sentencing changes and other factors particular to defendants, the Ninth Circuit ruled Wednesday.

The opinion deepens a circuit split on the bipartisan 2018 reform law that has generated much litigation since then-President Donald Trump signed it.

Howard Chen filed his motion in 2020, arguing that changes to so-called stacked sentencing since he received a 300-month term in 2008 mean he could get 60 months today.

The district court that reviewed Chen’s release motion didn’t consider the act’s non-retroactive changes to the mandatory-minimum sentencing requirements of 18 U.S.C. §924(c), ...