Fernandez v. United States · ¶100

Recall that Congress amended the compassionate-release provision as part of the First Step Act—legislation that was broadly aimed at providing district courts with discretion to alleviate what many had come to believe were unduly harsh criminal sentences. See Concepcion v. United States, 597 U. S. 481, 486 (2022). Pointing back to the original, pre- First Step Act scope of § 3582(c)(1)(A) does not account for Congress's subsequent conclusion that BOP was applying the compassionate-release provision too narrowly. And when it invited district courts to consider § 3582(c)(1)(A) motions fled directly by defendants, Congress did not say, or even suggest, that a sentence reduction under this provision is only available based on the kinds of factors BOP might raise.

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