Fernandez v. United States · ¶41

The role of the Bureau of Prisons refects the statute's focus on a defendant's personal circumstances—his advanced age, safety risk, illness, rehabilitation, and the like. The Bureau evaluates compassionate release motions in the first instance. Until 2018, a district court could reduce a sentence only “ `upon motion of the Director of the Bureau of Prisons.' ” Sentencing Reform Act of 1984, 98 Stat. 1998–1999. After the First Step Act, prisoners may file their own compassionate release motions, but only if the Bureau declines or fails to respond to a prisoner's request that the Director file on his behalf. 132 Stat. 5239. Fernandez agrees that this procedural shift in the Bureau's role—from exclusive fler to initial evaluator—did not change the substantive standard applicable to compassionate release motions. See Tr. of Oral Arg. 9–12.

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