Fernandez v. United States · ¶119

For the reasons I have given, I think the majority is wrong to hold, as a categorical matter, that conviction-related concerns a prisoner may raise under § 2255 can never be grounds for granting a motion under § 3582(c)(1)(A). In my view, all facts and circumstances are eligible to be considered as grounds for granting a compassionate-release motion. Other than the rehabilitation restriction, see 28 U. S. C. § 994(t), the only statutory limit on the District Court's discretion is one of degree. So, if the proffered facts and circumstances (of whatever type) provide an “extraordinary and compelling reason” to reduce the prisoner's sentence (alone or in combination), the District Court may grant compassionate release.

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